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Why in the News?
The Supreme Court will hear the case about the alleged use of the Pegasus spyware software later this month.- Last year, the Supreme Court constituted a committee to look into the charges and accordingly submit a report.
Key Points:
Observations of Supreme Court in Pegasus Case:
- Fixing the Accountability: The Supreme Court noted that the Government could not get a “free pass”, citing the “national security”, when the constitutional rights of the citizens are at stake.
- Follow the Procedure Established by Law: Any surveillance or snooping done on an individual by the state or any outside agency is a violation of that person’s right to privacy.
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- Hence, any infringement of that right by the state, even in national interest, has to follow procedures established by the law.
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- Citing its judgment in K S Puttaswamy case, the Supreme Court opined that the right to privacy is inalienable as human existence and is inalienable to human dignity and autonomy”.
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- However, the SC agreed that it is not an absolute right, the Court is of the view that any restrictions “must necessarily pass constitutional scrutiny”.
Way Forward:
- A committee set up by the Supreme Court is an emphatic assertion of its role as the custodian of individual rights mentioned in the Constitution.
- There cannot be a complete denial of information by the State.
- A middle path has to be struck between cherished liberties and “necessary” surveillance by the State to protect the citizens’ liberties.
Pegasus Spyware:
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