The ‘yes or a no’ the Court must ask about Pegasus Gautam Bhatia
https://www.thehindu.com/opinion/lead/the-yes-or-a-no-the-court-must-ask-about-pegasus/article36953053.ece OCTOBER 12, 2021
The issues before the Court were simple: did the Government of India authorise the use of Pegasus upon the individuals whose names had appeared in the list? If it did, was there any justification for the use of such intrusive surveillance upon individuals who, admittedly, were not accused of any wrongdoing? And if it did not, was it not a breach of the
Government’s constitutional obligations to protect its citizens from the use of military-grade surveillance by rogue actors?
..Throughout the hearings, the Government continued upon its track of evasion.. whenever the question of widespread and serious rights violations arises, the Government recites the words “national security” like a mantra, not simply to avoid providing answers, but to hint that even asking the question is somehow illegitimate. In this way, “national security” becomes a cloak for impunity.
A record of the hearings so far indicates that the Court has allowed the Government to get away with much of its evasion. Despite the passage of two and a half months, the Court is yet to pass anyconsequential orders
On the last date of hearing, September 13, the Court indicated that it would establish a Committee to look into the matter.
In India, we have a long experience of “death by Committee”: issues that require urgent attention linger for many months in a Committee, and once public memory has dulled, are given a quiet burial.