Probe deeply into Pegasus surveillance

It is difficult to disagree with the argument that there cannot be a parallel probe by any inquiry commission into the allegations of unlawful surveillance using the Pegasus spyware after the Supreme Court ordered an independent inquiry. It is no surprise, then, that the top court has stayed the functioning of the Commission constituted by the West Bengal government and headed by retired judge, Justice Madan B. Lokur. Chief Minister Mamata Banerjee had taken note of the allegations of surveillance that possibly targeted personages in West Bengal, and was on good legal ground when she took the first legal step towards unearthing the truth. It was a step that was warranted by the circumstances then, given the Union government’s refusal to acknowledge that it possessed such spyware or whether those identified by an international media investigation as targets were subject to any sort of surveillance in the country. Reports by an international consortium of journalists said that 300 out of 50,000 likely targets of Pegasus spyware were Indians. Subsequently, the Government also refused to cede any ground in the Supreme Court, and declined to give a simple ‘yes’ or ‘no’ reply to the Court’s questions. The Government inevitably invited an order from the Court for an independent investigation. It is significant that the Bench, headed by the Chief Justice of India, N.V. Ramana, ruled that the bogey of national security was not an adequate reason not to have a credible inquiry into the allegations. A fresh report suggesting that Pegasus was used to target jailed activist Rona Wilson’s mobile phone underscores the urgent need to persist with the investigation into the illegal use of the spyware in India. There is much riding on this judicially overseen inquiry, and it behoves the government of the day to extend its full cooperation and not pose any impediment to its independent functioning.

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