Pegasus: Supreme Court Hearing On Plea Seeking SIT Probe-Live Updates

Sibal: Israel itself has raided #Pegasus and is conducting inquiry but Indian government says everything is fine. This is wholly unacceptable. It has ramifications which are far larger that individual infiltration

Sibal: Affidavit hasn’t even been filed by Home Secretary its filed by Additional Secretary in Ministry of Information Technology. These matters are to be dealt with by Home Secretary

Sibal: If there has been an interception legally the Home Secretary will have all information. If he says he doesn’t know, it means everything was done outside law, which was knows since 2019.

Mr Sibal reads Rule 3 “ No person shall carry out interception or monitoring or decryption of any information generated, transmitted, received or stored in any computer resource under sub-section (2) of sec 69 of Act, except by an order issued by competent authority

Mr Sibal takes the Bench through the IT (Procedure and Safeguards for Interception, Monitoring and Decryption of Information) Rules 2009 

Mr Sibal takes the Bench through the IT (Procedure and Safeguards for Interception, Monitoring and Decryption of Information) Rules 2009 

Sibal: Please see IT Rules 2009

The Home Secretary has to file an affidavit in this regard. 

Sibal reads “The Indian Computer Emergency Response Team shall serve as the national agency for performing the following functions in the area of cyber security”

So the Field of cyber security is dealt with by an agency of the Government, he submits. 

Sr Adv Kapil Sibal reads out Section 70 B sub section 4 of the IT Act.

“The Central Government shall, by notification in the Official Gazette, appoint an agency of the Government to be called the Indian Computer Emergency Response Team.”

Sibal: This institution which protect rights of the people cannot be allowed to be infiltrated

Sibal: I am more concerned with Institutions. Two Institutions which protect democracy are Journalism and Judiciary . They have been infiltrated! This Institution cannot be allowed to be infiltrated