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Pegasus row: SC sets up inquiry committee says, “could have a chilling effect”

New Delhi: The Supreme Court today while setting up an inquiry panel headed by a retired judge, said allegations of snooping using the Pegasus software are about fundamental rights and “could have a chilling effect”.

An IPS officer will assist the retired Supreme Court Justice RV Ravindran, who will head the committee and along with this officials from the National Forensic University will also be a part of the committee.

The committee’s report has to be handed in to the court by the next hearing, two months later.

“We issued notice to the government. We gave ample opportunity to the government to give details of all action taken by it. But despite repeated chances they gave limited affidavit that does not give clarity. If they had clarified they would have reduced the burden on us. But that does not mean state gets a free pass every time national security is raised,” the Supreme Court said.

“The court will not encroach upon national security but that does not make the court a mute spectator. The nature of the allegations is about fundamental rights being violated. This could have chilling effect. There are also allegations of foreign agencies being involved.”

The Supreme Court said the petitions raised a concern about how technology could be used and abused.

“Without allowing ourselves to be consumed into political rhetoric, we have never refrained from protecting people from their fundamental rights being abused,” said the judges.

The right to privacy, they said, needs to be discussed. Agencies used surveillance to fight terror and there could be a need to intrude upon privacy, but the court had a rider.

“Privacy is not just for journalists and politicians but also about the rights of individuals. There are certain limitations on the right to privacy but all decisions should be under the constitutional process.”

The petitions also raised important concerns for the freedom of press, which is important pillar of democracy, and the protection of sources of journalists, the court said.

The judges said it was an “uphill task” to form the committee.

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