MANOHAR LAL SHARMA versus UNION OF INDIA AND ORS.

MANOHAR LAL SHARMA versus UNION OF INDIA AND ORS.

The Court found the petitioners had made out a prima facie case and that the Respondent-Union of India’s limited, omnibus denial and reliance on national security without specific affidavit particulars was insufficient; accordingly the Court constituted an independent Technical Committee of three cyber/security experts to inquire into the Pegasus allegations, to be overseen by retired Supreme Court Judge Justice R.V. Raveendran, and directed the Committee to report expeditiously.

Parties
Petitioner: Manohar Lal Sharma; Respondent: Union of India and Ors.
Jurisdiction
India
Judgment Date
27 October 2021
Procedural Posture
Writ Petition (crl.) No.314 of 2021 (under Article 32 of the Constitution of India) / Interim Order Constituting Technical Committee (order)
Outcome
Petitioners' prima facie case accepted for inquiry; Technical Committee constituted to investigate allegations; matter listed after eight weeks.
Legal Topics
Pegasus Spyware, Surveillance, Interception of Communication, Right to Privacy, Freedom of the Press, Independent Investigation, Judicial Oversight
Privacy Constitutional Law Cybersecurity Human Rights Administrative Law Pegasus Spyware Surveillance Interception of Communication +4 more

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Parties

Manohar Lal Sharma

Petitioner

Union of India and Ors.

Respondent

Procedural Posture

Writ Petition (crl.) No.314 of 2021 (under Article 32 of the Constitution of India) / Interim Order Constituting Technical Committee (order)

Legal Issues

  1. 1 Whether the Pegasus suite of spyware was used to infiltrate devices of Indian citizens and if so who the victims are
  2. 2 Whether any government (Union or State) agency or any domestic/private entity acquired or used Pegasus on citizens and under what law/procedure
  3. 3 Whether the Union of India’s limited affidavit and invocation of national security justified non-disclosure to the Court and petitioners

Ratio Decidendi

The Court found the petitioners had made out a prima facie case and that the Respondent-Union of India’s limited, omnibus denial and reliance on national security without specific affidavit particulars was insufficient; accordingly the Court constituted an independent Technical Committee of three cyber/security experts to inquire into the Pegasus allegations, to be overseen by retired Supreme Court Judge Justice R.V. Raveendran, and directed the Committee to report expeditiously.

Court Disposition

Petitioners' prima facie case accepted for inquiry; Technical Committee constituted to investigate allegations; matter listed after eight weeks.

Orders

  • Constituted a Technical Committee of three members (Dr. Naveen Kumar Chaudhary; Dr. Prabaharan P.; Dr. Ashwin Anil Gumaste) to enquire into specified terms of reference regarding alleged use of Pegasus.
  • Appointed Justice R. V. Raveendran (former Judge, Supreme Court of India) to oversee the functioning and methodology of the Committee.