VidhiSangh

Supreme Court of India · 27/10/2021

MANOHAR LAL SHARMA versus UNION OF INDIA AND ORS.

[2021] 6 S.C.R. 1066 · 2021 INSC 682

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Summary

The Court appointed an independent three-member technical committee, overseen by former Supreme Court judge R.V. Raveendran, to investigate alleged Pegasus surveillance. The supporting material and the Union’s insufficiently specific response justified further inquiry, without establishing that the alleged surveillance had occurred or who was responsible. National-security concerns required substantiation and did not automatically exclude judicial review. The committee was also tasked with recommending safeguards; the petitions remained pending.

Issues

  1. Whether the material concerning alleged Pegasus surveillance justified an independent inquiry.
  2. Whether a general invocation of national security foreclosed judicial scrutiny or explained withholding the requested information.

Provisions considered

Held

Result

Independent technical committee constituted under Justice R.V. Raveendran’s oversight with investigative and recommendatory terms of reference. Union and States directed to provide full support; expeditious report requested. Matters listed after eight weeks, with allegations left for inquiry.

Judgment PDF: Supreme Court of India, [2021] 6 S.C.R. 1066.