The Supreme Court of India has stated that there is no issue with a country having spyware for national security purposes. The critical concern is against whom it is used. This observation came during a hearing on April 29, 2025, in the ongoing Pegasus spyware case.
A bench comprising Justices Surya Kant and N Kotiswar Singh was hearing a set of petitions filed in 2021. These petitions call for an independent investigation into the alleged use of Israeli spyware Pegasus to surveil journalists, activists, and politicians in India.
“To have a spyware, there is nothing wrong. Against whom it is used is the question. We cannot compromise or sacrifice the security of the nation,” remarked Justice Surya Kant during the hearing.
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Senior Advocate Dinesh Dwivedi, appearing for some petitioners, raised the central issue—whether the Indian government owned and used Pegasus. He stressed that even if no evidence of hacking was found against the petitioners, the government’s continued use of the spyware was still a concern.
Solicitor General Tushar Mehta argued that “terrorists cannot claim privacy rights,” reinforcing that national security justifies certain state actions. Justice Kant clarified that individuals’ right to privacy remains protected under the Constitution.
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The Court deferred the case to July 30, 2025, to allow the petitioners to submit a judgment from a US court in a case filed by WhatsApp against NSO, the maker of Pegasus. That judgment reportedly confirmed WhatsApp was hacked using Pegasus and named India as one of the affected countries.
“They have given a finding that India is one of the countries where there was a hack,” stated Senior Advocate Kapil Sibal, who appeared for journalist Paranjoy Guha Thakurta.
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Sibal emphasized that when the Court created the Justice Raveendran Committee in 2021, there was no confirmation of hacking. But with new evidence from the US court and WhatsApp’s acknowledgment, he urged the release of the Committee’s report to the affected individuals, even if sensitive parts are redacted.
“Now you have evidence. Evidence by WhatsApp,” Sibal said, asking for redacted disclosures to victims.
Senior Advocate Shyam Divan supported this but argued the full report should be made public in the interest of transparency. The Solicitor General objected, saying that disclosing sensitive content could harm national security.
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Justice Kant noted that details involving national security would remain sealed, but parts concerning individuals could be disclosed. He also mentioned that the report by the Raveendran Committee has remained unopened, and he himself hasn’t reviewed it.
“The report of the Committee is lying sealed, and even I have not seen its contents,” Justice Kant confirmed.
The petitioners include well-known names such as Advocate ML Sharma, journalists N Ram and Sashi Kumar, and CPI(M) MP John Brittas. It also lists five alleged Pegasus targets, including Paranjoy Guha Thakurta and SNM Abdi.
In 2021, the Supreme Court formed a committee led by Justice RV Raveendran after finding that the government had not clearly responded to the allegations. The Court emphasized the need for an independent probe, rejecting the Centre’s suggestion to form its own technical committee.
In a landmark judgment, the bench headed by former CJI NV Ramana had stated:
“Mere invocation of national security cannot give the State a free pass. National security does not mean blanket immunity from judicial review.”
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In 2022, the Committee found malware in 5 out of 29 devices examined. However, it could not confirm whether the malware was Pegasus. The case gained traction after reports by The Wire and international publications in 2021, which claimed that over 40 Indian journalists and political figures, including Rahul Gandhi and Prashant Kishore, were possible targets of the Pegasus spyware.
The matter continues to raise serious concerns about privacy rights, press freedom, and the limits of state surveillance in the name of national security.
Case Title : MANOHAR LAL SHARMA Versus UNION OF INDIA AND ORS., W.P.(Crl.) No. 314/2021 (and connected cases)
