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Supreme Court of India 2021-10-27 disposed

MANOHAR LAL SHARMA vs UNION OF INDIA AND ORS

Bench: 3 — N.V. Ramana, Surya Kant, Hima Kohli

In Brief

The Supreme Court examined allegations that the Pegasus spyware, produced by Israel's NSO Group, was used to surveil Indian citizens without legal authorization, thereby violating their right to privacy under Article 21. The Court found that credible investigative reports from international organizations, combined with affidavits from purported victims, established a prima facie case meriting investigation. The Union of India's vague denial without specific factual responses and reliance on national security concerns was insufficient. The Court appointed an independent Expert Committee of three cyber security experts, overseen by retired Supreme Court Judge R.V. Raveendran, to investigate whether Pegasus was used on Indian citizens, what protective measures the State took, and to recommend legislative and institutional safeguards. The matter was listed for further hearing after 8 weeks."

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Constitutional Law Right to Privacy Fundamental Rights Surveillance Cybersecurity Freedom of Speech and Expression Public Interest Litigation

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