Supreme Court stays proceedings of West Bengal commission to probe Pegasus snooping claims

The apex court also issued notice to the commission for response

The Supreme Court on Friday stayed all proceedings before the Justice M B Lokur Commission, formed by the West Bengal government, to inquire into charges of snooping of citizens by use of Isreal's Pegasus spyware.

A bench of Chief Justice N V Ramana and Justices Surya Kant and Hima Kohli issued notice to the Commission in the matter as the West Bengal government submitted that the panel was no longer under its control.

Earlier this month, it was reported that the Lokur Commission had asked Rahul Gandhi, Abhishek Banerjee, Prashant Kishor, Delhi Police Commissioner Rakesh Asthana, Bengal Chief Secretary H K Dwivedi among 31 people to appear before it in its probe. Notably, the top court had already set up an experts panel for the purpose.

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On Friday, the top court reminded senior advocate A M Singhvi about his oral assurance that he would convey to the Commission about the restraint to be observed in the matter.

"What is this Singhvi? You told us there is no need to order," the bench asked him.

To the query, Singhvi said, "I had conveyed the need for restraint but the Commission is not controlled by the state government. They did not work till the court's orders were out."

"We understand your predicament," the bench said, issuing notice to the state government and the Commission on a plea to stay its functioning and quash the notification on its formation.

Senior advocate Harish Salve, who appeared for NGO-petitioner, sought permission to implead the Commission as a party to the petition.

Advocate M L Sharma, who filed the PIL along with several others including journalist N Ram, contended before the court the Commission's functioning was gross contempt of court.

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On August 25, the top court had told the West Bengal government, which formed the Justice M B Lokur-headed Commission of Inquiry to probe Pegasus snooping case, to observe restraint as the matter with pan-India effect was being examined by it.

The court was then hearing the PIL, filed by Global Village Foundation Public Charitable Trust.

On October 27, the court had formed an independent experts committee, to be supervised by a retired judge Justice R V Raveendran, a retired top court judge, to examine charges of snooping.

“Right to privacy and freedom of speech are alleged to be impacted, which needs to be examined. The entire citizenry is affected by such allegations due to the potential chilling effect,” it had said.

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