Pegasus Committee : Terms of Reference
Context :
SC will set up expert panel on Pegasus row / HT / 24 Sept 2021
Extract :
Ø The CJI’s statement suggests that the court has virtually rejected the Union government’s plea to let it set up an “independent committee” to look into the controversy.
Ø Justice Ramana, who heads the bench which has been hearing a clutch of petitions demanding a court-monitored investigation into the unlawful snooping, added that the order will be passed next week.
Ø But CJI Ramana did not elaborate on the terms of references of the proposed committee and the areas that it will look into. The detailed order, which is now expected next week, will specify those aspects.
Dear CJI,
No doubt those “ Terms of Reference “ will require the proposed committee to investigate – and answer :
Ø Was the snooping ( phone-tapping ) was as per existing LAW or not ?
Ø Was it properly “ authorized “ ( by officers having necessary authority to order ) ?
Ø Did that snooping amount to “ invasion of privacy “ of persons whose phones were tapped ?
Ø Against those whose phones got tapped, was there sufficient evidence to suspect that they were likely to be engaged in “ activities that could be prejudicial to National Security “ ?
Ø After that tapping, did it reveal “ bad intentions “ on part of those surveyed ?
Ø If yes, what action got taken against those persons ?
By no means, the above is a comprehensive list
I urge you to include in those “ terms of reference “, the following :
Ø In light of your findings, do you see the need to modify / amend, not only the current law ( governing such surveillance of citizen ) , but also the rules / procedures / processes etc , governing such snooping ?
Ø If yes , please consider rules – process – procedure , described in :
# Who watches the Watchmen ? ………………( 12 Jan 2019 )
With whatever changes that you may want to propose to the suggestion made above, please submit a draft for consideration by this court
If satisfied with your draft , this court may submit the same to the Central Government for carrying out suitable amendments
While preparing your recommendations, you may kindly examine whether your recommendations will stand the test of time, in light of the rapidly changing SURVEILLANCE TECHNOLOGY , as illustrated below :
Ø Pegasus seems to have changed its “ Strategy “ , as follows :
Ø
# bypassing the governments of countries
# not selling or franchising its software to governments
# carrying out the phone-tapping of any citizen in any country without taking any permission
of that country’s government ( Zero Click method ) – and without citizen being aware
# may be “ selling “ that data to any willing buyer – including the govt of citizen’s country
( source : Dear Supreme : How about asking Pegasus to file an Affidavit ? / 15 Sept 2021 )
Ø Only a week ago, Facebook ( in collaboration with Ray Ban ), has launched “ Smart Eye Glasses “ which enable the wearer to take
photos / videos, of any person in his surrounding and store the same ( personal / private data ? ) on a mobile app ( with mobile
phone hidden in wearer’s pocket ). Let no one have doubts that, before long, Facebook will be collecting / compiling ( without
anyone’s permission – including officers in the IT Ministry of Govt of India ), data of billions of humans from all over the
world !
( Ref : Facebook glasses are a privacy nightmare )
With regards,
Hemen Parekh / hcp@RecruitGuru.com / 27 Sept 2021
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