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Why Mamata’s Pegasus inquiry commission may be able to do little

The commission will probe surveillance conducted by police in West Bengal

Mamata-Banerjee-rally6-salil [File] West Bengal Chief Minister Mamata Banerjee | Salil Bera

The decision of the West Bengal government to constitute a two-member commission to look into the Pegasus snooping scandal and phone tapping is going to be the most controversial decision of Mamata Banerjee since she has become chief minister for the third time in a row.

Mamata mentioned little, but what came out from her statements was something so far unheard of—have surveillance on those engaging in surveillance. Phone tapping, surveillance on people of civil society and also snooping would be probed. The commission will probe surveillance conducted by police in West Bengal. The government wants the commission to find out whether the reported interceptions would have widespread ramifications on public order.

Justice Madan Lokur, known to be an eminent judge with an eye on cases involving human rights violations, was the judge who ordered CBI inquiry into alleged extra-judicial killings in Manipur in which many Indian Army officials were supposed to be involved. The commission would listen to the people who had been subjected to the snooping by government agencies.

The second panel member is justice Jyotirmoy Bhattacharya, former Calcutta High Court chief justice who was known for keeping a very low profile during his tenure. He is known to be having a good working relationship with Mamata.

Now, questions would remain about what the commission would do. Technically, if the panel would have to inquire how the tapping took place and whether phone tapping or surveillance was done just for political purposes, would the state intelligence wings be under the scanner as well? West Bengal IB, Kolkata's special branch, CID and both Special Task Force and the state’s counter insurgency force, which are entrusted to monitor anti-national activities, have made several arrests in recent times, which are connected to various terror outfits based on phone tapping. In fact, thousands of phones are tapped daily by these state agencies.

According to government procedure, the intelligence department would have to write to the state home secretary for surveillance on the mobile phones. That letter, consisting of many numbers, would go to the service providers who then always help the intelligence wing of the state. The police department, which would like to conduct the surveillance, either to save people or track the movement of criminals and anti-nationals, has to give valid reasons to the state home secretary behind the snooping or surveillance. Only after this, does the home secretary allows such permission, and surveillance is carried out.

Now, the commission, established by the state of West Bengal on Monday, would need to get access to the state apparatus.

"But the question would remain whether they can get similar access to the Central agencies as [it is unclear] Indian Army, Central IB and other Central wings, which carry out such snooping or surveillance to check the anti-national activities, entertain such a commission or not. Also such commission only carries a state government's permit. No court, either High Court or Supreme Court, has constituted such a commission of retired judges who could get permission to know how surveillances take place. This is another clash between Centre and state," said a retired IPS officer of the state.

Many are seeing Mamata Banerjee's move as political, perhaps. She would like to make a statement out of the new commission's report, which would largely deal with the ethical part of such surveillance. She would like to meet the challenge coming from the National Human Rights Commission's report on the post-poll violence with a commission report set up by her own government condemning such snooping. That Mamata decided to constitute the commission just before leaving for Delhi for talks to build an alliance against Modi before 2024 is also noteworthy.

Sources said based on the report of the two-member commission, Mamata might go to court to appeal against the snooping, tapping or any kind of surveillance on "eminent and political personalities" and would request the court to declare them as illegal. But any surveillance, without proper reasons, is always illegal, said an IT expert.

All eyes would be on Lokur, known to be a judge with high commitment and dignity, on how he would be carrying on his responsibilities and also how he would be dealt with by the Central agencies working in West Bengal. Will he be accepted by various national agencies in West Bengal if he would like to know their activities?

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