NDLI: Manohar Lal Sharma Vs. Union of India and Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Pegasus suite of spywares Petitioners seeking independent investigatio Cyber attack
Content Type	Text
Resource Type	Law Order
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3
Case Type	Writ Petition
Court	Supreme Court of India
Disposal Nature	Directions Issued
Headnote	Cyber attack: Pegasus suite of spywares – Allegation of cyber attack on citizens of India/infiltration of software into individual device – Petitioners seeking independent investigation into the allegations – Held: Every citizen of India ought to be protected against the violations of privacy – Right to privacy is directly infringed when there is surveillance or spying done on an individual, either by the State or by any external agency – Of course, if done by State, the same must be justified on constitutional grounds – In the instant matter, time was granted to Union of India to place on record facts pertaining to the events highlighted by the petitioners – Despite repeated assurances and opportunities given, the respondent-Union of India placed on record only a “limited affidavit” which did not shed any light on their stand or provide any clarity as to the facts of the matter at hand – Such a course of action taken by the respondent-Union of India especially in proceedings of the present nature which touches upon the fundamental rights of the citizens of the country is not accepted – Complaint of petitioners is about the misuse or likely misuse of spyware in violations of the right to privacy of citizens – Apprehension of the respondent-Union of India is that any inquiry in this behalf should not jeopardize national security and the steps taken by it to protect national security – There is, thus, a broad consensus that unauthorized surveillance/accessing of stored data from the phones and other devices of citizens for reasons other than nation’s security would be illegal, objectionable and a matter of concern – Petitioners had placed certain material that prima facie merit consideration by this Court – There was no specific denial by Union of India of any of the facts averred by the petitioner – Omnibus and vague denial in the “limited affidavit” is not found sufficient – Prima facie case of petitioners accepted to examine the allegations made – A Technical Committee is constituted comprising of three members, including experts in cyber security, digital forensics, networks and hardware whose functioning would be overseen by a retired Judge of Supreme Court – The Committee is requested to prepare a report after thorough inquiry and place it before this court expeditiously – Matter to be listed after eight weeks.
Judge	N/A
Neutral Citation	2021 INSC 682
Petitioner	Manohar Lal Sharma
Respondent	Union Of India And Ors.
SCR	[2021] 6 S.C.R. 1066
Judgement Date	2021-10-27
Case Number	314

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