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Manohar Lal Sharma v. Union of India (Pegasus Spyware Case)

Writ Petition (Criminal) · Neutral citation not assigned (Writ Petition (Criminal) No. 314 of 2021)Decided 27 Oct 2021
Writ Petition (Criminal) No. 314 of 2021
Chief Justice N.V. Ramana · Justice Surya Kant · Justice Hima Kohli

Background

This is an interim order, not a final judgment. A batch of writ petitions, led by advocate Manohar Lal Sharma's petition, alleged that the Pegasus spyware was used to unlawfully watch journalists, activists and others.

Decision Breakdown

This is an interim order, not a final judgment. The Court found the Union's limited affidavit, a selective denial, inadequate. It set up an independent three-member technical committee, overseen by a former Supreme Court judge, with detailed terms of reference to inquire and report, and listed the matter after eight weeks. It did not decide whether Pegasus was unlawfully used.

Lesson Learnt

There is no final ruling yet. A vague denial by the government on national security grounds did not stop the Court from ordering an independent inquiry.

Official source (sci.gov.in)View Judgment (PDF)

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