The Government of West Bengal has constituted an Inquiry Commission headed by former Supreme Court judge Justice Madan B. Lokur and former Chief Justice of the Calcutta High Court Justice Jyotirmay Bhattacharya to investigate into the allegations pertaining to the Pegasus spyware scandal.
The Notification issued by the State Government notifies that “in exercise of the power conferred by section 3 of the Commissions of Inquiry Act, 1952 (60 of 1952), the Governor is pleased hereby to appoint a Commission of Inquiry consisting of Hon'ble Justice Madan Bhimarao Lokur, retired Judge, Hon'ble Supreme Court of India and Hon'ble Justice lyotirmay Bhattacharya, retired Chief Justice, Hon'ble High Court at Calcutta (hereinafter referred to as, "the Commission") to enquire into such incidences.”
The terms of reference of the Commission shall be as follows:
(a) To enquire into whether any incidences of reported Interception have occurred;
(b) To enquire into the State and non-State actors who were involved in such reported Interception;
c) To enquire into mechanism and/or spyware and/or malware that were being used to effectuate such reported Interception;
(d) To enquire into whether any software such as Pegasus of NSO Group Technologies located at Herzliya, Israel, and/or any spyware and/or malware of any other organisation had been in use and/or currently being used to conduct such reported Interception;
(e) To enquire into the events leading to the occurrence of the incidences of Interception of the aforesaid category of individuals or public at large, and the information that has been collected, altered, stored, or used and the possession, storage, and further collection and use, of such information pertaining to such Interception in the hands of State actors and non-State actors;
(f) To investigate into the circumstances including provocations, instigations from any persons/group of persons, if any, leading to the reported Interception;
(g) To enquire into the details of the victims and /or persons affected;
(h) To enquire into the role of other authorities and/or State and /or nonState actors in such Interception;
(i) If such reported Interception is found to be true, to enquire into whether State/non-State actors can, without any express legal provision and/or judicial oversight, carry out the reported Interception;
(j) If such reported Interception is found to be true, to enquire into the reasons and/or legality and/or authority and/or ralson d'etre provided by such State and/or non-State actors for such reported Interception;
(k) If such reported Interception is found to be true whether such right to privacy of the category of individuals has been affected;
(l)To examine any other matter or facts relevant to, ancillary or incidental or connected with its subject of inquiry including the above questions which the Commission may deem fit and proper to investigate.
The Commission may submit its report embodying the findings and its recommendations thereon to the State Government within a period of 6 (six) months from the date of this notification.
All the powers provided to the Commission under the Commissions of Inquiry Act, 1952 (60 of 1952) shall be available to the Commission.
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