From Pegasus snoop row to plea on declaring Hockey national sport, key SC cases on Sep 7

On September 7, the Supreme Court heard proceedings on a handful of crucial cases. The apex court issued a notice to the Bar Council of India (BCI), Supreme Court Bar Association and four High Courts on a writ petition seeking a declaration of virtual court hearings as a fundamental right. In the Pegasus 'snoop' row, the top court granted more time to the Centre for submitting their reply to a batch of pleas seeking an independent probe into the matter at hand. 

Here's a summary of advancement on different matters before the Supreme Court:

•  Supreme Court grants more time to Centre to file response in Pegasus 'snoop' row

In a key development in the Pegasus 'snoop' row, the top court granted more time to the Centre for submitting their reply to a batch of pleas seeking an independent probe into the matter at hand. A three-bench headed by Chief Justice NV Ramana issued a notice to pleas while clarifying that the top court did not want the government to disclose anything which compromises national security. Solicitor General Tushar Mehta, appearing on behalf of the Centre, had argued that due to some difficulties, the affidavit, sought by the Bench, couldn't be filed and sought listing of the matter on either Thursday or Monday.

“There is some difficulty with the affidavit. We had filed one and you had enquired if we want to file another one, some officers were not there...if this matter can be kept on Thursday or Monday,” the law officer said.

Senior Advocate Kapil Sibal, appearing for journalist N Ram, said that he does not have any objection to the request made by Advocate Mehta. The Bench has listed the case on Monday. The matter pertains to as many as 12 pleas, including the one filed by the Editors' Guild of India which is seeking an independent probe into the matter. They are related to reports of alleged snooping by government agencies on eminent citizens, politicians and scribes by using Israel-based NSO's (NSO standing for Niv, Shalev and Omri, the names of the company's founders) spyware Pegasus. An international media consortium has reported that over 300 verified Indian mobile phone numbers were on the list of potential targets of tapping and surveillance breach using Pegasus spyware.

• Supreme Court hears plea seeking declaration of access to virtual hearing as a fundamental right

In an interesting development, the top court issued a notice to the BCI, Supreme Court Bar Association and four High Courts on a writ petition seeking a declaration of virtual court hearings as a fundamental right. The petitioner has submitted that access to virtual courts for dispensation of justice by the counsel or the client is an essential facet of Fundamental Rights guaranteed under the Constitution of India, thus, it cannot be denied to lawyers. Another petitioner, who is a legal journalist, pleaded that denial of virtual access of courts has the effect of denying a person his right to freedom of speech and expression under Article 19(1)(a) as they are denied of their right to report the court proceedings on a real-time and live basis. Justices L Nageswara Rao and BR Gavai issued notice on the writ petition which sought retention of hybrid options for virtual and physical court hearings, highlighting that the option enhanced one's right to access justice. 

Justice Gavai stated that due to virtual court proceedings, plenty could afford to appear from locations like Nainital or Mussoorie. 

Further, he said, "You know the difference between online courts and offline courts? In (physical) court, there is an eye to eye contact and this makes a lawyer's arguments more effective. How will the young lawyers learn?

• Supreme Court rejects plea seeking a declaration of Hockey as India's national game

The top court refused to entertain a Public Interest Litigation (PIL) which sought to declare hockey as the national game of India. A Bench comprising of Justices UU Lalit, S Ravindra Bhat and Bela Trivedi expressed their disinclination to entertain the petition. 

"Sorry, sir. We won't be able to do anything. You may withdraw or we'll dismiss the petition," the Bench told the petitioner.

The petition was filed by Advocate Vishal Tiwari, who had submitted that hockey is not the national game of India, contrary to the common notion. Advocate Tiwari had stated, "If we have a common national animal, why shouldn't we have a national game." In the PIL, he even sought directions to the Centre and other sports bodies to invest in the upliftment and promotion of sports other than cricket. Further, Tiwari had lamented that India could win medals at the Olympics after 41 years, despite dominating the game for several years. The petition attributed the delayed victory to 'lack of initiatives of GoI and other sports bodies concerned.

The presiding judge of the Bench, Justice Lalit said, "There should be a drive within the people. People like Mary Kom have risen above the adversities. The court cannot do anything."