Won’t file detailed affidavit

The Indian government yesterday informed the Supreme Court that it is not going to file a detailed affidavit on petitions seeking inquiry into alleged use of spyware Pegasus. The government had asked for time to decide on filing the affidavit twice.

Appearing before the top court, Solicitor General (SG) Tushar Mehta said that whether a "particular software was used or not is not a matter for public domain". He said the matter can be inquired into by a committee of independent domain experts and it can be filed before apex court.

"The Supreme Court has given a reasonable and fair opportunity to file detailed affidavit to know its stand on crucial issues linked to petitions. If the government does not, then the Supreme Court will hear parties and pass appropriate orders," a bench of Chief Justice of India NV Ramana, Justices Surya Kant and Hima Kohli told SG Mehta.

SG Mehta also said that the government will constitute a technical committee of independent domain experts that will examine the phones of petitioners and those claiming to have been affected by Pegasus to determine if there was snooping or hacking. The experts will not have any employment contract with the government, he said, adding that panel can examine and submit a report to the Supreme Court.

The top court, meanwhile, said it will pass interim order on pleas seeking independent probe into alleged Pegasus snooping row. It asked the government to mention Pegasus case before it if it re-thinks over filing fresh affidavit as passing of interim order will take 2-3 days. It also told the Centre that "beating around the bush would not take the issue anywhere".

The court said if a committee is constituted and it files a report, it (the report) may come in the public domain. court to decide if the report will be put in public domain.