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'Can't compromise national security': Top court on government using Pegasus

Meanwhile the court also observed that the allegations of software being used against private individuals will be examined.

Reported by:  PTC News Desk  Edited by:  Jasleen Kaur Gulati -- April 29th 2025 03:15 PM
'Can't compromise national security': Top court on government using Pegasus

'Can't compromise national security': Top court on government using Pegasus

PTC News Desk: The Supreme Court on Tuesday while hearing the petitions linked to Pegasus case observed that there is no harm if a government has possession of the software and is being used against anti-national forces. However the main threat lies in how and against whom it is being used.


Meanwhile the court also observed that the allegations of software being used against private individuals will be examined. A bench comprising Justices Surya Kant and N Kotiswar Singh asserted that a country cannot compromise or sacrifice its national security.

"What is wrong if the country is using the spyware. To have a spyware, there is nothing wrong. Against whom it is used it is the question. We cannot compromise or sacrifice the security of the nation," Justice Kant said. 

When Solicitor General Tushar Mehta mentioned, "Terrorists cannot claim privacy rights," Justice Kant added, "A civil individual who has the right to privacy will be protected under the Constitution".

Senior advocate Kapil Sibbal who was representing the petitioner referred to a US District Court judgment which held that Israel-based spyware firm NSO Group had used Pegasus malware to hack WhatsApp, noting that the ruling identified India as one of the affected countries. 

"Show us the US district court judgment. Yes, individual apprehension must be addressed, but it cannot be made a document for discussion on the streets," the court observed.


- With inputs from agencies

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