Modi govt persists with intransigence over Pegasus in SC, but it will have to come clean sooner than later

The take-off for the hearing on a batch of petitions in the Supreme Court is certainly a setback for the Modi government. Chief Justice N V Ramana, while asking pointed questions to the petitioners, however, made it clear that the allegations about the use of Pegasus spyware to snoop on opposition leaders, journalists and others were serious ‘if newspaper reports were correct’.

There has been a stream of damning media reports in recent days, which suggested that even former Supreme Court judge Arun Mishra was a potential target of the spyware. The court did not make any specific reference to Justice Mishra, but could have weighed in the possibility when the Chief Justice talked about media reports.

When Kapil Sibal, counsel for journalists N Ram and Sashi Kumar, pointed out that that there are reports of an old number of a former Supreme Court judge and phones of registrars being on the list of potential targets of snooping, the Chief Justice said, "Truth has to come out. We don't know whose names are there."

The Modi government’s prevarication on the issue was quite evident in the absence of any representation from the government when such an important issue, which has rocked Parliament for most of the monsoon session, was taken up by the Supreme Court.

And the absence dominated much of the first day’s proceedings. The court asked the petitioners to serve copies of their petitions to the Central government and adjourned the hearing to next Tuesday, so that the government can ensure its presence.

The government’s approach in not sending a counsel on the opening day of hearing shows its continued intransigence on the issue. But when the court takes up the issue again next week, it will have to answer questions, which it has been refusing to do so far both inside and outside Parliament.

It is most pertinent that Prime Minster Modi has so far refused to acknowledge the problem, although he has lost no opportunity to blame the opposition for disrupting Parliament, thereby ‘insulting’ democracy. But he does not want to consider what exactly is causing the problem and agitating the opposition and the media.

But the government will not be able to dodge the issue much longer. When the court resumes the hearing next week, it will have to provide an answer, as the petitioners have sought to know how the government got into the contract.

The government has so far been refusing to come clean on the issue. It is not even saying yes or no to the question whether the government has ever bought the spyware from the Israeli company. The inability to rule out the purchase is in a way confirmation that the government did buy the offending software.

In fact, the government has been playing with words for the ambiguity to remain in the belief that the benefit of doubt will go in its favour. But all available indications suggest an active role for the government in the snoopgate, which, when admitted, will have serious ramifications for the Modi government.

It is to be noted that the government is also not in a position to disclaim knowledge of the clandestine operation. In fact, IT minister Ashwini Vaishnaw’s predecessor Ravi Shankar Prasad had even justified the use of the spy tool, saying a lot of countries were using it, questioning the propriety of ‘accusing’ only the Indian government.

With the Supreme Court in the picture, it is unlikely that the Modi government will be able to counter the demand for disclosures with negativism, which is what it exhibited even in the apex court as it took up the clutch of petitions against the dangerous use of Pegasus by preferring not to send its legal officers.

The court’s question on the timing of the petitions, given that the Pegasus issue had first cropped up two years ago, may have given it temporary comfort, but overall, the scales seem to be heavily tilted against the government.

(IPA Service)

Views are personal