The Supreme Court directed a probe into the Pegasus snooping controversy by a three-member expert committee under the supervision of former apex court judge R V Raveendran, holding that a "prima facie case" is made out for an investigation in the light of the Centre’s "omnibus and vague denial" of the alleged surveillance and the need to uncover the truth of the accusations.
A bench of Chief Justice N V Ramana and Justices Surya Kant and Hima Kohli also brushed aside the contention of the government that it should not interfere in the issue as national security is involved. The court said though the Centre may decline to provide information when constitutional considerations exist, such as those pertaining to the country’s security, this did not mean "... the State gets a free pass every time the spectre of ‘national security’ is raised".
CJI Ramana, who penned the judgment, said, "It is a settled position of law that in matters pertaining to national security, scope of judicial review is limited." However, this does not mean that the State gets a free pass every time the spectre of national security is raised. National security cannot be the bugbear that the judiciary shies away from, by virtue of its mere mentioning. Although this court should be circumspect in encroaching upon the domain of national security, no omnibus prohibition can be called for against judicial review,” CJI Ramana said in the judgment.
“The Union of India must necessarily plead and prove the facts which indicate that the information sought must be kept secret as their divulgence would affect national security concerns. They must justify the stand that they take before a court. The mere invocation of national security by the State does not render the court a mute spectator," it said. The court pointed out that the right to privacy is "directly infringed" when there is surveillance or spying done by the State and if done by the State, it must be justified on constitutional grounds. The SC had during the hearing made it clear to the government on several occasions that it would not push the Centre to provide any information that may affect the security concerns of the country.
