Pegasus Case: Demand to quash West Bengal government's commission to investigate Pegasus case, Supreme Court issues notice


Posted on 18th Aug 2021 04:50 pm by rohit kumar

Pegasus Case: The Supreme Court has issued a notice on the demand to quash the judicial commission set up by the West Bengal government to investigate the Pegasus case. However, the court has refused to stay the functioning of the commission for the time being. The court has said that the matter will be considered on August 25.

 

 

The West Bengal government has constituted a judicial commission to investigate the Pegasus case. It includes former Supreme Court judge Justice Madan B Lokur and former Calcutta High Court Chief Justice Jyotirmoy Bhattacharya. The petitioner, Global Village Foundation, has demanded the cancellation of the constitution of this inquiry commission, calling it illegal. Today, advocate Saurabh Mishra, appearing for the petitioner, presented the arguments before a three-judge bench headed by Chief Justice NV Ramana.

 

 

Wires connected to foreign countries?

 

 

He said that this case of cyber espionage is spreading all over the country. It is also being said that its wires are connected with foreign countries. The state government does not have the right to constitute a commission to investigate such a matter. The State Government can examine only such subjects in the State List and Concurrent List, which fall within its geographical purview. Therefore, the constitution of the commission itself is illegal. It also does not meet the provisions of the Commission of Inquiry Act.

 

 

 

matter worth investigating

 

 

On this, the Chief Justice said that there is a contradiction in the words of the petitioner. He has demanded an inquiry but has called the inquiry commission illegal. On this, the petitioner said that it is true that the matter is worthy of investigation. But the commission made without the necessary authority cannot do this. The lawyer also demanded immediate stop the work of the commission. But the court refused this.

 

 

The judges said that the commission is currently doing only the primary work. The investigation hasn't started yet. On August 25, this petition will also be heard along with the rest of the petitions related to the Pegasus case. With that remark, the court issued notice to the Center and the West Bengal government. Solicitor General Tushar Mehta, who was present during the hearing, said that the constitution of the commission is unconstitutional. He will put forward arguments on this issue later.

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