Pegasus snooping case: Malware found in 5 phones but no conclusive proof that it had spyware, says Supreme Court

The Supreme Court Thursday noted that the court-appointed Pegasus inquiry panel in its report said that there was no conclusive proof of the use of Israeli spyware in 29 mobile phones examined by it but the government of India did not cooperate in the probe.

The panel also found that five out of 29 mobile phones were possibly infected with some malware, but that did not mean it was Pegasus.

The panel headed by retired Supreme Court judge R V Raveendran submitted its report to the apex court last month.

A three-judge bench presided over by Chief Justice N V Ramana read out portions of the report that consisted of three parts, a report of the technical committee, digital images of phones examined for infection due to spyware, and the report of overseeing judge Justice Raveendran.

Also read | Will Rahul Gandhi and Congress 'apologise' on Pegasus issue? asks BJP

The bench said it will soon decide on what parts of the report can be made public. However, it said that the recommendations made by the committee to the government on the issue will be put out on its website.

During the hearing, Justice Ramana pointed out to Solicitor General Tushar Mehta, “One thing committee has said that the Government of India has not cooperated. The same stand you took here, you have taken there."

The report purportedly didn't find much evidence of spyware infecting mobile phones of those who submitted gadgets for scrutiny but said that there is certain malware that could be misused and cause security concern as well as violate the privacy of citizens.

While setting up the independent technical committee to examine the “truth or falsity” of allegations that the Centre used Israel’s Pegasus spyware to snoop on citizens, including prominent journalists, activists and politicians, the court had noted that the Centre had refused to divulge details on whether Pegasus was used or not, citing the national security concerns.

The bench had in their October 27, 2021 order said that the court will not encroach upon national security but that does not make it a mute spectator.

A batch of petitions, including one filed by the Editors Guild of India, sought an independent probe into the alleged snooping by government agencies on eminent citizens, politicians and scribes by using Israeli cyber-intelligence firm NSO's spyware Pegasus. Other petitioners included politicians such as Rajya Sabha Member John Brittas, social activist Jagdeep Chhokar, apart from journalists such as N Ram, Sashi Kumar, Paranjoy Guha Thakurta and Rupesh Kumar Singh and others.