Bench Assembles
Bench: Present batch of writ petitions raise concern.
This court has never covered from protecting all from abuse of fundamental rights.
Some petitioners are direct victims of attack and some are PIL petitioners.
Bench: Members of democratic society have reasonable concern of privacy. Citizens need to be protected from violation of privacy.
CJI NV Ramana: the present batch of matters is with regarding to use of modern technology.... this court is called upon to examine the use of such a technology. Our effort is to uphold the constitutional principle without being consumed into political rhetoric
CJI NV Ramana: some of the petitioners are direct victims of pegasus. it is incumbent upon the centre to seriously consider the use of such a technology. i have discussed the need for protecting right to privacy in India
CJI NV Ramana: We live in the era of information..we must recognise while technology is important ..it is important to safeguard right to privacy, Not only journalists etc but privacy is important for all citizens
CJI NV Ramana: there are restrictions on right to privacy but those restrictions have to stand constitutional scrutiny. In today's world restriction on privacy is to prevent terrorism activity and can only be imposed when needed to protect national security
CJI NV Ramana: it is undeniable that under surveillance it affects the right and freedom of people and how it is exercised. it also about freedom of press and the important role played by them, such technology may have chilling effect on right to press
CJI NV Ramana: initially this court was not satisfied with the writ petitions based on newspaper reports. This court usually discourages PILs which are based on newspaper reports. however various other petitions have been filed by ones who have been direct victims
CJI NV Ramana: SG had suggested that such reports are motivated however such omnibus oral submissions cannot be accepted.
CJI NV Ramana: this court gave ample time to Centre to disclose all information regarding the pegasus attack since 2019. However only a limited affidavit was filed throwing no light. if centre made stand clear the burden on us would have been less
CJI NV Ramana: state cannot get free pass everytime by raising national security concerns. no omnibus prohibition can be called against judicial review. Centre should have justified its stand here and not render the court a mute spectator
CJI NV Ramana: there has been no specific denial by centre. thus we have no option but to accept the submissions of petitioner prima facie and thus we appoint an expert committee whose function will be overseen by the supreme court
CJI NV Ramana: such committees have been formed to probe the falsity and discover truth. Right to privacy violation needs to be examined. No clear stand by union of India. there is serious concern of foreign agency involvement by surveilling Indians
CJI NV Ramana: We decline request of Union of India to dismiss this and allow their request to form a committee. it was an uphill task to choose independent members. we have selected this on based on data gathered personally.
CJI: We have chosen renowned experts to be a part of this committee. the experts in cyber security and forensics. this three-member committee will be headed by RV Raveendran, former SC Judge. It will have Mr Alok Joshi as a member.
CJI NV Ramana: The terms of reference is detailed in the order. The committee is requested to expeditiously probe this matter.
List this matter after 8 weeks.
