Sibal: It is unbelievable, that the Government of India says that it won't tell the Court.
Sibal: In 2019, the Minister spoke about this. About targeting of individuals. What action state has taken? Have they filed an FIR? Have they acted against NSO?
Sibal: This spyware is per se illegal. It cannot be used. Ordinary citizens were targeted. This is a serious issue. State cannot say that they can't tell the court.
Sibal : All we want to know if the State has used Pegasus. But my learned friend is saying that it will be detrimental to national interest. I'm sorry, to not say that will be detrimental to justice.
Sibal quotes from black money case judgment: Withholding of information by the state is a violation of the freedom of speech and expression of citizens.
Sibal quotes from the judgment : State has a duty to reveal all information to the court and the petitioners. In a matter relating to violation of fundamental rights, state cannot act like an adversary..
Sibal refers to the judgment in Ram Jethmalani case (blackmoney case).
Sibal: State may not act in a matter which prevents this court from rendering complete justice by withholding information.
CJI to Sibal: We had given fair opportunity to Centre to make a statement. Now they don't want to file affidavit. so we will pass an order like that... what to do.
CJI : We had to have your affidavit to understand where you stand..there is an established procedure for interception.
CJI: Appointing a committee or making inquiry is not the question here. If you file an affidavit then we know where you stand.