SC forms panel to probe Pegasus: How will it work?

The Supreme Court on Wednesday formed an independent experts committee to be supervised by Justice R V Raveendran, a retired top court judge, to go into the "truth or falsity" of allegations of citizens' snooping by use of Isreal's Pegasus spyware.

Here’s a look at what the panel is expected to do, and how it will work.

Terms of reference for the panel

The Supreme Court has set seven terms of reference for the expert panel, which are basically points to be determined by the panel in the eight weeks before it submits its report.

Read | Indiscriminate spying on people cannot be allowed: SC

These include whether Pegasus software was used to spy on Indians through phones or other digital devices by accessing stored data, details of those who were impacted if it were used, whether the Centre or state governments acquired the software, what rule or protocol or law was the software used under if it were used or any other matter the committee deems fit to probe.

Recommendations

The panel is to make recommendations about enactment of laws regarding surveillance and ways to improve the right to privacy. It will also recommend ways to enhance cybersecurity, prevent invasion of right to privacy, set up a mechanism to flag illegal surveillance.

Why an expert committee?

Pegasus deals with the invasion of citizens’ fundamental right of privacy, and issues related to rights are usually assigned to fact-finding or expert committees, that act as agents of the court. They have the right to summon individuals and prepare reports to inform the court.

The court formed the comittee taking into account the public importance and the alleged scope and nature of the large-scale violation of the fundamental rights of the citizens of the country. It noted a broad consensus that unauthorised surveillance or accessing of stored data from the phones and other devices of citizens for reasons other than the nation’s security would be "illegal, objectionable and a matter of concern."

The Centre had refused to divulge details whether Pegasus was used or not, citing national security concerns. But it had said it would disclose information to a committee of technical experts.

How will it work?

The panel can devise its own procedure to effectively implement and answer the Terms of Reference, hold such enquiry or investigation as it deems fit and take statements of any person in connection with the enquiry and call for the records of any authority or individual.

Who is on the committee?

The court constituted a technical committee of three members, including experts in cyber security, digital forensics, networks and hardware. The members are Dr Naveen Kumar Chaudhary, Professor (Cyber Security and Digital Forensics) National Forensic Sciences University, Gandhinagar, Dr Prabaharan P, Professor (School of Engineering), Amrita Vishwa Vidyapeetham, Amritapuri, Kerala and Dr Ashwin Anil Gumaste, Associate Professor (Computer Science and Engineering), IIT Bombay.

Their functioning will be overseen by Justice R V Raveendran, former judge, Supreme Court. He will be assisted by Alok Joshi, former IPS officer (1976 batch) and Dr Sundeep Oberoi, Chairman, Sub Committee in (International Organisation of Standardisation/ International Electro-Technical Commission/Joint Technical Committee).

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