Privacy is not something that I'm merely entitled to, it's an absolute prerequisite."

The Pegasus spyware scandal has ignited a global debate on privacy, surveillance, and the ethical use of technology.

Developed by the Israeli firm NSO Group, Pegasus is a sophisticated spyware capable of infiltrating smartphones, extracting sensitive data, and even activating cameras and microphones remotely. While it is marketed as a tool for combating terrorism and crime, its alleged misuse for political espionage and targeting journalists, activists, and opposition leaders has raised serious concerns. In India, the controversy has taken a troubling turn, with the Supreme Court-appointed committee's report on the matter still withheld from the public, raising questions about transparency and accountability.

The Pegasus Scandal in India
In July 2021, a global investigation by a consortium of media organizations revealed that over 300 Indian phone numbers were potential targets of Pegasus spyware. The list included prominent politicians, journalists, activists, and even Supreme Court staff. The revelations sparked widespread outrage, with allegations that the Indian government or its agencies may have used the spyware to surveil critics and political opponents. The government, however, denied any involvement, calling the reports "baseless" and "overhyped. Amid mounting pressure, the Supreme Court of India took suo moto cognizance of the matter and appointed an expert committee in October 2021 to investigate the allegations. The committee, headed by former Supreme Court judge Justice R.V. Raveendran, included technical experts and cybersecurity professionals. The committee submitted its report in 2022, but its findings remain undisclosed, leaving the public in the dark about the extent of the surveillance and those responsible.

Violation of Laws and Constitutional Rights
The alleged misuse of Pegasus spyware in India raises serious legal and constitutional concerns. The right to privacy, recognized as a fundamental right under Article 21 of the Indian Constitution in the landmark Justice K.S. Puttaswamy v. Union of India case, is at the heart of this issue. Unauthorized surveillance violates this right, as it intrudes into the personal lives of individuals without their consent or judicial oversight. Additionally, the use of Pegasus may contravene provisions of the Information Technology Act, 2000, and the Indian Telegraph Act, 1885. The Telegraph Act mandates that interception of communications can only occur under specific circumstances and with proper authorization. Similarly, the IT Act prohibits unauthorized access to computer systems and data. If the allegations of Pegasus misuse are true, they would represent a blatant violation of these laws.
The lack of transparency surrounding the Supreme Court committee's report further exacerbates the issue. By keeping the report out of the public domain, the government is undermining the principles of accountability and transparency, which are cornerstones of a democratic society.

Global Implications of the Pegasus Scandal
The Pegasus scandal is not confined to India; it has global implications. Governments worldwide have been accused of using the spyware to suppress dissent and target critics. In countries like Mexico, Hungary, and Saudi Arabia, Pegasus has been linked to the surveillance of journalists, activists, and political opponents. The secrecy surrounding the Supreme Court report in India sets a dangerous precedent, suggesting that those in power can evade scrutiny and avoid consequences for their actions.

The Need for Accountability and Transparency
The Supreme Court must take decisive steps to ensure that the committee's report is made public and that those responsible for any illegal surveillance are held accountable. Transparency is essential to restore public trust and uphold the rule of law. Additionally, there is an urgent need for robust legal frameworks to regulate the use of surveillance technologies and prevent their misuse.

Conclusion
The Pegasus scandal is a stark reminder of the dangers posed by unchecked surveillance and the erosion of privacy rights. The Indian government's refusal to disclose the Supreme Court committee's report only deepens the mistrust among citizens. Upholding the rule of law and protecting fundamental rights must take precedence over political expediency. The time has come for transparency, accountability, and justice. The public deserves to know the truth about Pegasus, and those responsible for its misuse must be held accountable. Written By: Mohammed Usman