Now that the cat is out, what’s next? Question is, what now Courts would do? Or, how Courts would react against NIA when clouds of suspicion fall on it following an Israeli born Pegasus Spyware snooped into the phones of about 40,000 vulnerable people, and amongst them those who are reasons for flourishing democracy in this Country is centered and languishing in the jails of this Country?
Some names those came out are soft targets of NSO, a manufacturer of the mobile applications, is alarming! From the Opposition Party Leaders to Ministers of the present dispensation at Centre, from key officials of Election Commission of India to former and present Judges, from corporate czars to a petty litigant, who slurred against former Chief Justice of India. Who not? Or, who are in, is itself is a big question before us now!
According to press reports emerging in and out of India, NSO has revealed that it has a policy decision not to sell such spying software to individuals but only to Governments. And by Government, what does it mean – Union? Not the state governments? So question is, who’s this Government is this NSO talking about? I leave it to readers’ guess!
But, here the point is technical – what does this software do? This Spyware not alone intelligent in snooping you, but it has got all the skills of a human brain in operating your phone. It can take pictures and inform your whereabouts precisely, it can send and retrieve fake emails, gather all the materials that stored in your phone and can delete all those files that it’s master remotely instruct it to do so. So dangerous is this Spyware, over a night, a person of nobility can be portrayed as terrorist or traitor or a child abuse… What not? You are left just at the mercy of a man who control your phone remotely! No exaggeration! All are literally spoken facts in the global media.
Now the question is, who could be that remote man? And what is his motive or purpose to do this to you? The answer to these questions is one – the remote man is a one who fear of you and who uses this device to coerce [threaten or intimidate] you, to silence your voice and your actions that influences the people around you, against him. Am I understood? If not, read further.
Recall those Bhīma Koregaon Activists; Anand Tetumble, Navlakha, Sudha Bhardwaj, Varavara Rao, recently died Father Stan Swamy… and anti CAA and NRC Activists, Delhi riots victims… are all now said to be the victims of this Spyware. It is now believed that the remote man by using this Spyware intruded into these Activists phones and their email accounts, created fake emails showing themselves involving in or involved into a crime that falls under the provisions of UAPA. Understood!
Now our question is, how Courts would react on such factual information hit as headlines on the national and global media and put our Parliament in turmoil?
Very, very, unfair. Infringement of private rights have at its unimaginable height today that our founding fathers might not have expected it. In a civilized democracy, any ordinary citizen undoubtedly rely on his Constitution with a belief that he and his elementary rights are protected by the Government he stood for, contrarily, what we are learning is how governance with an aide of digital devices convert an innocent into an offender! Very unfortunate.
A question hovering on our mind is, can the Activists who are rated as intellectuals by the nationally and globally renowned Scholars – for they neither part of the crime nor such crime had literally ever occurred [going by the Spyware controversy] yet they still languishing in jails for several months, be set at liberty on Bail?
It is right time for the Supreme Court to intervene suo moto and call for inquiry and set at liberty all those Activists irrespective of their alleged crimes or affiliations on the very basis of these Spyware controversy, immediately. In reverse, let NIA prove Courts those Activists were not the targets but they were real Offenders and till that time let the Activists enjoy constitutionally guaranteed freedom.
Remember, Under Special Acts, the burden lies on the Accused to establish his innocence, and now by using such Spyware – wherein only Government would have control on it, according to NSO Israel – how an imprisoned Accused would prove his innocence?
Who will come forward to give technical assistance to him – the same remote man and his agencies who snooped him? It is for the Courts of this Country to think. The Courts are also required to do conduct a simple inquiry before rejecting a Bail Application of an Accused comes under UAPA or any other Special Act – whether Pegasus snooping could have happened with the Accused or not?