Pegasus probe needs new push

The recent judgement by a US court on Pegasus, the spyware sold by Israeli company NSO Group, has revived questions about the use of the spyware in India. The court held NSO responsible for secretly installing Pegasus in phones aimed at illegal surveillance. The judgement which followed five years of litigation upheld the WhatsApp case involving breach of terms of service and US laws by NSO. India saw the controversy playing out in the country in 2022 in the wake of media disclosures that many people including politicians, journalists, lawyers, and activists were targeted for surveillance with the spyware.

The questions are yet to receive answers in India. The report of a committee appointed by the Supreme Court to investigate the matter has not been made public. While the committee found the presence of malware in some phones, it could not conclude that it was Pegasus. The court said the government did not extend cooperation to the committee in its probe.

The government’s position on the charges of illegal surveillance and its responses have never been convincing. Since the company had made it clear that it sold its spyware only to governments, it was natural to suspect that the Indian government was involved in the alleged surveillance. From the beginning, the government adopted a policy of stonewalling and refused to confirm or deny that it bought and used the spyware. The government asserted that surveillance as alleged in the reports was not possible because there were laws against it in India.

At the same time, it said Pegasus may have been used against some individuals. The Solicitor-General told the court that no country would reveal which software it has used or not used. However, the government had the responsibility to reveal whether it had resorted to surveillance, specifically of people whose names were mentioned in the disclosures. The court also said “national security cannot be the bugbear” to keep the truth away from the court or to brush it under the carpet. But two years after the controversy, the truth about the charges remains elusive. There were also charges at the state level of Pegasus’ use against political opponents.

The danger in leaving these questions unanswered is the normalisation of such actions and a chance for governments to get away with violation of citizens’ rights with impunity. Misuse of sophisticated electronic tools for surveillance of citizens and political opponents happens under authoritarian dispensations. In the light of the US court verdict, the matter should be revisited in India and investigation should continue till closure.