Thread by @LawBeatInd

Important hearing at SC:

Batch of Pegasus petitions — seek probe into the #pegasus Controversy.

On the last date, Centre had told court that it will file an additional affidavit in Court.

#SupremeCourt
#pegasusproject

The position is like this : petitions before your lordships seeking inquiries into unauthorised surveillance. I have filed an affidavit stating that in view of prevailing statutes, we are in compliance: Solicitor General Tushar Mehta

Nonetheless, issue is important so inquiry committee will be set up: Tushar Mehta, SGI

It is the feeling of the government that such issues cannot be debated on affidavit, whether a particular software is used for surveillance. There are several statutes that provide for lawful interception of terrorist activities etc.: Tushar Mehta, SGI

Domain experts will look into the issue who are unconnected with the case: SGI Tushar Menta

But isn’t this, whether GOI bought #Pegasus software subject matter of the writ?: #CJI

It is, but national security doesn’t permit us going into debate on the issue: SG Mehta

Some petitioners have come before us saying that their rights have been violated under Article 21. You have to answer this issue whether this was done or not done: Bench

We have already clarified that the issue of national security cannot be subject matter of present case: Court

You need to clarify on statements made by N. Ram before parliament: Court

SG reads the reply to his statement in Parliament by GOI.

The government takes issues of Privacy seriously: Solicitor General Tushar Mehta to #supremecourt

#Pegasus

But to divulge which software is used: SG

We are not interested to know what all the government is doing. As if we want to know it all. You minister has admitted in parliament that they used this software…: #CJIRamana

Sorry to interrupt, but minister said he heard news: SG

We don’t want to say anything else. Question is there are steps according to the Minister.
It says, it requires examination & it is for the Government to establish procedure by law to look into the #Pegasus issue: #CJIRamana

If you would have filed an affidavit, we would have known where we stand as of today: #CJIRamana tells GOI

#Pegasus

Kapil Sibal: Ready to argue full #pegasus matter

#CJIRamana: What is there to argue? GOI has said they dont want to file an affidavit stipulating what is reqd. We’ll pass whatever order we want.

But I want to point out the Judgment in the Black Money Case (Ram Jethmalanai Vs. Union of India): Kapil Sibal

#pegasus

There is a procedure the GOI must follow if they want to use the #Pegasus software.
The GOI doesn’t want to tell the Court that: Kapil Sibal

GOI cannot say you shut your eyes fo the law: Kapil Sibal

SG Tushar Mehta: We never said that.

#pegasus

Shyam Divan: There are three issues I want to highlight.

1. The cabinet secretary ought to file an affidavit and we have filed cases (judgments) before court in that regard. There is a privacy issue here & It is his responsibility.
#pegasus

Sandeep Shukla, topmost Cyber expert says - He has conducted lab experiments of #pegasus and he sets out exactly what has happened in India.
Please go directly to his conclusions.
He says Pegasus Spyware is able to analyse everything in a victims device.

These are all facts of technical nature: #CJI tells Shyam Divan as he takes court through an expert’s experiment on #pegasus

Dinesh Dwivedi now before Court.
Essentially, all counsel are trying to justify to court why it is imperative for the court to look into the issues involved into the #Pegasus hearing.

Question is now for credibility. First minister rubbishes everything so far as Pegasus is concerned. Now they want to go over our phones in inquiry: Dwivedi

Not questioning the Government: Dinesh Dwivedi tell Supreme Court in Pegasus Hearing.
Adds, “GOI must admit or deny whether our devices were meddled with”

Whatever inquiry is done, must be headed by a retired Judge of this Court: Meenakshi Arora tells Court in #PegasusRow hearing

Colin Gonsalves tells Supreme Court: GOI engaging in Surveillance for a long long time.

He points to a report

SG interjects, “I didn’t say this for others, but Gonsalves always has self-serving reports”

#pegasus

All these reports, I made it very clear about what is the interim order we can really pass: #CJI tells Gonsalves.

#pegasus

India is buying Spying Software, this Citizens Lab report says. Abundant evidence on record to suggest GOI is using Malware & Surveillance & if this is the case, we cannot rely on GOI to suggest a committee to Court which will be formed: Colin Gonsalves

#pegasus

ML Sharma: Till today, your colleague judge - I forgot the name -

#CJIRamana (Visibly angry): How can you refer to court like this. What is this?? You can say your lordships…. How can you refer to the bench like this?

ML Sharma continues

My case is simple. Interception is not an illegal activity - there are laws in place and Divans submissions that something can be abused will not lead us anywhere. Let all tech issues be gone into domain experts: SG Mehta

#Pegasus

There is no question of doubting credibility of government appointed committee. The report will ultimately come before your lordship. They wanted in public domain, I am saying lets Experts go into it and place before your lordships: SG Mehta tells #supreme

#Pegasus

If I say I am using it (Pegasus) there will be consequences of large magnitude for national security. This cannot be gone into within Public Domain: SG Mehta tells #SupremeCourt in #Pegasus cases

Bench Reserves Order.
#PegasusSnoopgate