As news reports emerged on Sunday, claiming that more than 300 verified mobile phone numbers, including of two serving ministers and over 40 journalists, were targeted for hacking through an Israeli spyware sold only to government agencies, the government of India responded in an email shared with news agency ANI. The Centre called the allegations a "fishing expedition", based on conjectures and exaggerations to malign the Indian democracy and its institutions.
“The commitment to free speech as a fundamental right is the cornerstone of India’s democratic system. We have always strived to attain an informed citizenry with an emphasis on a culture of open dialogue,” it said. "However, the questionnaire sent to the Government of India indicates that the story being crafted is one that is not only bereft of facts but also founded in pre-conceived conclusions. It seems you are trying to play the role of an investigator, prosecutor as well as jury."
The Centre replied that, in India, there was a well-established procedure through which lawful interception of electronic communication is carried out in order for the purpose of national security, particularly on the occurrence of any public emergency or in the interest of public safety, by agencies at the Centre and states. "Any interception, monitoring or decryption of any information through any computer resource is done as per due process of law," the response noted.
The 'snooping' report
The report was published by The Wire news portal from India as also 16 other international publications including Washington Post, The Guardian and Le Monde, as media partners to an investigation conducted by Paris-based media non-profit organisation Forbidden Stories and rights group Amnesty International into a leaked list of more than 50,000 phone numbers from across the world that are believed to have been the target of surveillance through Pegasus software of Israeli surveillance company NSO Group.
The Wire said the numbers of those in the database from India include over 40 journalists, three major opposition figures, one constitutional authority, two serving ministers in the Narendra Modi government, current and former heads and officials of security organisations and scores of businesspersons, as also a sitting judge.
The leaked data includes the numbers of top journalists at big media houses like the Hindustan Times, India Today, Network18, The Hindu and Indian Express, The Wire said.
Full response of the government of India
India is a robust democracy that is committed to ensuring the right to privacy to all its citizens as a fundamental right. In furtherance of this commitment, it has also introduced the Personal Data Protection Bill, 2019 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, to protect the personal data of individuals and to empower users of social media platforms.
The commitment to free speech as a fundamental right is the cornerstone of India's democratic system. We have always strived to attain an informed citizenry with an emphasis on a culture of open dialogue.
However, the questionnaire sent to the government of India indicates that the story being crafted is one that is not only bereft of facts but also founded in pre-conceived conclusions. It seems you are trying to play the role of an investigator, prosecutor as well as jury.
Considering the fact that answers to the queries posed have already been in public domain for a long time, it also indicates poorly conducted research and lack of due diligence by the esteemed media organisations involved.
Government of India's response to a RTI application about the use of Pegasus has been prominently reported by media and is in itself sufficient to counter any malicious claims about the alleged association between the government of India and Pegasus.
India's Minister of Electronics&IT has also spoken in detail, including in the Parliament, that there has been no unauthorised interception by government agencies. It is important to note that government agencies have a well-established protocol for interception, which includes sanction and supervision from highly ranked officials in central and state governments, for clear stated reasons only in national interest.
The allegations regarding government surveillance on specific people has no concrete basis or truth associated with it whatsoever. In the past, similar claims were made regarding the use of Pegasus on WhatsApp by Indian state. Those reports also had no factual basis and were categorically denied by all parties, including WhatsApp in the Indian Supreme Court. This news report, thus, also appears to be a similar fishing expedition, based on conjectures and exaggerations to malign the Indian democracy and its institutions.
In India there is a well-established procedure through which lawful interception of electronic communication is carried out in order for the purpose of national security, particularly on the occurrence of any public emergency or in the interest of public safety, by agencies at the Centre and states. The requests for these lawful interceptions of electronic communication are made as per relevant rules under the provisions of section 5(2) of Indian Telegraph Act ,1885 and section 69 of the Information Technology (Amendment) Act, 2000.
Each case of interception, monitoring, and decryption is approved by the competent authority ie the Union Home Secretary. These powers are also available to the competent authority in the state governments as per IT (Procedure and Safeguards for Interception, Monitoring and Decryption of Information) Rules, 2009. There is an established oversight mechanism in the form of a review committee headed by the Union Cabinet Secretary. In case of state governments, such cases are reviewed by a committee headed by the Chief Secretary concerned.
The procedure therefore ensures that any interception, monitoring or decryption of any information through any computer resource is done as per due process of law.
