New Delhi: The Supreme Court on Friday stayed the investigation being conducted by a commission set up by the West Bengal government headed by retired Justice Madan B Lokur on the allegations of Pegasus spyware case. A bench headed by Chief Justice NV Ramana expressed dissatisfaction with the investigation being conducted by the West Bengal Commission.
The Supreme Court on October 27 constituted a three-member committee of cyber experts to probe the alleged use of Israel’s spy software Pegasus to monitor certain people in India. This committee was constituted under the supervision of former Supreme Court judge RV Raveendran. A bench of Chief Justice NV Ramana, Justice Surya Kant and Justice Hima Kohli took cognizance of a plea that the commission has started its work despite assurances from the West Bengal government.
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The state government had assured that the Lokur Commission would not take further action on the inquiry. The bench said, “What is this? Last time you (government of West Bengal) gave an affidavit that which we want to re-record that the commission will not take any further action. You said that it is not necessary to record this in the order. You have started the investigation again.”
Senior advocate AM Singhvi, appearing for the state government, submitted that it had earlier given a message to the Lokur Commission to stop the proceedings and it had not taken further action till the October 27 order. Further, the government cannot give any such direction. Singhvi said, “Can I clarify one thing that I said that I do not control the commission, but I will tell about the ban. I had told about the stay and that was till the time the court decides on the matter.
Now after taking the decision of the court on Pegasus case, the commission started investigation…call the lawyer of the commission and give order, I cannot give directions on behalf of the state government. I had conveyed the stay and the commission did nothing till the court’s order was passed.” The bench said it understood the “position of the state” and ordered, “Well, we are all concerned.” Will issue notices to the respondents and till then we stay the proceedings.”
Advocate ML Sharma, who personally filed the petition, said the proceedings of the West Bengal Commission of Inquiry were “gross contempt of court”. The bench said, “We will see.” The NGO Global Village Foundation Charitable Trust put up the matter for urgent hearing before the bench on Thursday. It had said that the commission was probing it despite the apex court constituting an expert committee in the matter. The NGO said the state government had assured the apex court that it would not pursue the probe.
Lokur, a former Supreme Court judge, and Jyotirmoy Bhattacharya, a former chief justice of the Calcutta High Court, are members of the Commission of Inquiry. The West Bengal government had announced the setting up of this inquiry commission last month. An international media association had reported that there were more than 300 verified Indian mobile phone numbers on the list of people likely to be monitored using Pegasus spyware.