No Pegasus spyware found in 29 mobile phones examined by Supreme Court panel; some other malware found in 5 devices

The Supreme Court appointed committee tasked to probe into the allegations regarding use of Pegasus spyware by the Government of India has concluded that the spyware was not found in the twenty-nine mobile phones examined by it..A bench of Chief Justice of India (CJI) NV Ramana and Justices Surya Kant and Hima Kohli, after examining a voluminous report submitted by the three-member expert committee, noted that while some malware was found in 5 of the 29 devices, the same was not Pegasus."We are concerned about technical committee 29 phones were given... in 5 phones some malware was found but the technical committee says it cannot be said to be Pegasus. They say it cannot be said to be Pegasus," the bench remarked.The committee headed by former Supreme Court judge, Justice RV Raveendran had submitted its report to the Court in July this year. The committee also comprised Alok Joshi (former IPS Officer) and Dr. Sundeep Oberoi, Chairman, Sub Committee in (International Organisation of Standardisation/International Electro-Technical Commission/Joint Technical Committee).Pertinently, the Court noted that the Government of India did not assist the committee."Technical committee says Government of India has not helped it," the bench remarked.The Court also hinted that it will consider how to take the case forward while stating it might also upload the report on the website of the Court.However, for the time being the report was resealed and kept in the safe custody of the Secretary General of the Court, who, the bench directed, shall make it available as and when required by the Court."Pursuant to order dated October 27, 2021, the Technical Committee and the Overseeing Judge have submitted their reports in sealed covers. The same are taken on record. The sealed covers were opened in the Court and we read out some portions of the said reports. Thereafter, the reports were re-sealed and kept in the safe custody of the Secretary General of this Court, who shall make it available as and when required by the Court," the Court ordered.The matter was then adjourned for four weeks. The report by the Committee recommended enactment of a law on surveillance and improving right to privacy, enhancing cyber security of nation, strengthening the protection of right to privacy of citizens, and also a mechanism for raising grievance regarding surveillance which is illegal.Senior Advocate Kapil Sibal appearing for one of the petitioners said that they have a right to know what kind of malware etc was found. He, therefore, sought a copy of the report."We don't have portions which have national security implications but we need to know what was the malware and if a redacted version can be given to the ones who gave their phones," Sibal said.Similar sentiments were echoed by advocate Vrinda Grover. "Here my device was also examined and we need to know what was the malware as it was forensically examined. My client is also facing criminal charges," Grover said..In a nutshell- No Pegasus found in 29 devices examined by committee;- Malware found in 5 devices but not Pegasus;- Government of India did not assist the committee;- Justice Raveendran recommends enactment of law on surveillance, improving privacy of citizens;- Supreme Court might upload copy of the committee report on website but it has been resealed and kept in the custody of Secretary General for now;- Matter will be heard after 4 weeks..BackgroundThe Court was hearing a slew of petitions seeking probe into allegations that Pegasus spyware created by an Israel company was used by the Government of India to snoop several persons including Indian journalists, activists, lawyers, officials, a former Supreme Court judge and others by infecting their electronic devices like mobile phones..Israel-based spyware firm NSO is best known for its Pegasus spyware, which it claims is sold only to “vetted governments” and not to private entities, though the company does not reveal which governments it sells the controversial product to.An international consortium of news outlets, including the Indian news portal The Wire, had recently released a series of reports indicating that the said the software may have been used to infect the mobile devices of several persons including Indian journalists, activists, lawyers, officials, a former Supreme Court judge and others.The reports had referred to a list of phone numbers that were selected as potential targets. Upon analysis by a team from Amnesty International, some of these numbers were found to have traces of a successful Pegasus infection, while some showed attempted infection, the reports had said.After the reports, the present petitions came to be filed before the top court..The petitioners included Advocate ML Sharma, Rajya Sabha MP John Brittas, Director of Hindu Group of publications N Ram and founder of Asianet Sashi Kumar, Editors Guild of India, journalists Rupesh Kumar Singh, Ipsa Shatakshi, Paranjoy Guha Thakurta, SNM Abidi and Prem Shankar Jha..The Supreme Court had then constituted the 3-member expert committee to probe the scandal..(Read Order)