Author: Vismaya Shaji
PEGASUS SPYWARE: WEST BENGAL GOVERNMENT’S PROBE COMMISSION VERSUS THE SUPREME COURT OF INDIA’S INQUIRY COMMITTEE
The bench headed by Chief Justice of India Justice C.V. Ramana heard and ordered a stay on all the functioning of the separate probe commission of the West Bengal government on the Pegasus allegations.
Also, the very next week, the Supreme Court’s Inquiry Commission took the next step by seeking all details from the potential targets of Pegasus Spyware.
On December 17th, 2021, the order staying the investigation of the West Bengal government’s probe commission was issued, and on January 1st, 2021, the Probe Panel appointed by the Apex Court asked for details regarding this from those who believe that their device was hacked by the notorious Pegasus Spyware before January 7th, 2021.
Introduction
The Supreme Court heard plea on the petition of an NGO challenging the setting of a new commission while the Supreme Court of India’s assigned enquiry commission is doing the same job.
Question arrived here is that why the West Bengal government has set up this probe panel, interfering the supreme court probe commission.
When the supreme court already decided on a matter of this magnitude then why a state government set up a separate enquiry commission on the same matter West Bengal probe commission are headed by justice Lokur and Justice Bhattacharya. The Supreme Court then heard the plea on this separate probe commission’s formation. Later in the end of December 2021 the Inquiry Commission which was formed by the order of the Apex Court asked the affected parties and potential targets of Pegasus Spyware to submit necessary evidence from their part to decide on the allegations.
West Bengal Government‘s Probe Commission
Formed in the month of August 2021, the West Bengal government’s probe commission was formed even after the Supreme Court ordered to constitute an independent inquiry commission for the investigation on allegations based on Pegasus Spyware. This action is widely speculated as a sudden move on the part of the current West Bengal government because in the previously disclosed list of potential targets there are many high-profile people, but this overtaking of the Apex Court is something to be taken seriously because in India, no state government or central government can disobey the orders of the Supreme Court. So this checkmate is not something to be entertained with.
Probe Commission:
According to the Commission of Inquiry Act of 1952, both the central and state governments can set up probe commissions. Under this law, section 2(a), the central government can set up an inquiry commission for cases based on the seventh schedule, and the state government can set up an inquiry commission for matters based on the second and third lists.
But is it possible to constitute two inquiry commissions, one directed by the Apex Court as an order and the other as per a state government’s wish, constituted by that state government’s order?!
On October 27th, 2021, the Supreme Court ordered the formation of an independent committee under the leadership of the former Supreme Court Judge Justice Raveendran to inquire into all the Pegasus allegations.
Meanwhile, in West Bengal, the government created another probe panel to investigate the same Pegasus allegations.
This act, prima facie, disobeys the order of the Supreme Court of India. In the month of August, the Apex Court heard the plea of Global Village Foundation to stay the investigation of the West Bengal government’s inquiry commission on the Pegasus Spyware allegations. As a result, the bench took an oral undertaking from the Senior Advocate, Dr. Abhishek Manu Singhvi, on behalf of the West Bengal government, that the probe commission will not function while the matter is under the court’s consideration.
In this case, Senior Advocate Harish Salve appeared for the petitioner, i.e., Global Village Foundation Charitable Trust, and thereby challenged the proceedings of the West Bengal government and its probe commission.
Later, in the next hearing, the honourable Chief Justice of India, Justice C. V. Ramana, asked Senior Advocate Dr. Abhishek Manu Singhavi, who represented the State of West Bengal, about the previous oath/oral undertaking which was given by him, ensuring that the State Government would not proceed with the same matter.
The bench questioned the act of the West Bengal government.
I said – Adv. Singhvi submitted.
Thereafter, on that day, the Apex Court passed an interim order stating to stay the proceedings of the West Bengal judicial enquiry.
“We understand the State’s predicament, issue notice to all parties. We stay the proceedings. – The Chief Justice of India.
PEGASUS: A New Term of Warfare
Today, contemporary colonialism or a new version of the monopoly is also digital, which makes it more dangerous. In this world, some need to control other people’s lives, and this is where the NSO Group’s Pegasus comes in, a doorway to the privacy of people through their own mobile phones.
It emerged in the context of a whole ecosystem that emerged out of the Israeli State Surveillance of Palestinians. The problem with Pegasus is that we don’t have a lot of information, but based on that information, Pegasus is a highly potential spyware with one-click or zero-click hacking technology. That means when you get a message on your phone, you click on that particular message and then your phone is hacked, or it can be in the form of a missed call in the case of zero-click hacking, and it’s that simple.
Interestingly, NSO’s Pegasus is also connected to the 2014 disappearance of the students of Ayotzinapa. In which their van entered the town of Iguala and then disappeared there, an investigation led to some hidden truths. It was reported that forty-three students disappeared in Iguala, Guerrero on September 26, 2014.
They were kidnapped by municipal police officers who handed them over to an organized crime group. There is evidence that authorities at all levels of government obstructed justice.
Based on a private investigation, it was found that there was evidence that there was state collusion and state involvement in that disappearance. This made it an extremely controversial case in Mexico, exposing a huge level of state complicity.
When reporters like Carmen Aristegui begin to report or lawyers like Sandro Prodh try to hold the state accountable in the petition, they become targets of the state.
The Supreme Court’s probe commission
Observing that unauthorized surveillance can have a chilling effect on press freedom and the right to privacy, even though that can be a potential threat to the right to live and lead to the decline of democracy, the Supreme Court proceeded to order an independent probe into the issue, reminding that the Apex Court shall not remain as a mute spectator.
For the next step of the Pegasus investigation, the probe commission appointed by the Supreme Court is about to cross examine evidence, and for that purpose, the Inquiry Commission is giving an opportunity to people who suspect that they are targets of Pegasus Spyware and their devices are hacked to write to the Technical Committee for investigation before January 7th, noon.
This was declared by issuing a public notice in this regard on January 1st, 2021, seeking details from people who believe that their devices are under the control of Pegasus, giving them six days to submit all the possible details. In the public notice, the probe committee mentioned an email id to submit such details to: inquiry@pegasus-india-investigation.in. So people can convey why they believe that their devices are infected by Pegasus Spyware and can open up their devices by providing every detail. If the committee finds anything to be taken seriously in that, then further investigation based on the provided details and examination of the device will be conducted to reach a conclusion.
It is decided to make New Delhi the collection point, and the committee will be giving an acknowledgement of receiving the device for examination, and thereafter that person will get digital records. The probe committee will be assisted by the technical committee consisting of Dr. Naveen Kumar Chaudhary, National Forensic Science University Professor ( digital forensics and cyber security), Dr. Ashwin Anil Gumaste, Indian Institute of Technology Institute Chair Associate Professor, and Dr. Prabaharan P. Professor, Amrita Vishwa Vidypeetham in this investigation.
Conclusion
In the month of September 2021, Apple released an emergency security update to close a vulnerability exploited by Pegasus.
NSO’s early PR campaign mentioned the significance of Pegasus and a larger part of that was on anti-terrorism, but astonishingly, all those names of the potential targets are of journalists, activists, opposition figures, and many more who are far from what anyone on the face of this earth would imagine a so-called terrorist to be, which calls into question the intention of its developers and, most importantly, the customers of Pegasus Spyware.
The terrain of warfare in Mexico is very different from the terrain of warfare in Saudi Arabia, but when placing them all along side each other, they will give a better clarity.
If all this came out as expected, then on the side-line, it would be a fact that all this was a failed project of the states because people are no longer silent. They are becoming more empowered, more organized, angrier against injustice, and more determined to stand strongly for the protection of their rights as written in the constitution, and that would be a victory of true democracy.
The now taken step by the Inquiry Committee can bring out a lot more details and certain truths regarding the use of Pegasus Spyware in India.
End Note:
