In the past, conflicting institutions and people raised a hue and cry over espionage charges, but no action was taken against anyone.
New Delhi: Once again there is uproar over phone spying. Certainly, it is necessary to be proactive to protect the right to privacy and freedom of expression. But past experiences cannot be ignored about how some journalists, politicians, officials and office bearers of some real and fake organisations have been used by foreign intelligence agencies to do anti-India activities. Because of some serious allegations and evidence, there were many resignations, even court cases went on, punishments were given and even the situation of leaving the country came to the fore. In this context, a serious scandal that erupted during the rule of Rajiv Gandhi can be remembered. The Ram Swarup case had come to light, in which the information collected by Indian security agencies about people associated with Indian politics and media were used against them by a foreign intelligence agency. Without mentioning anyone’s names, I had written a news article in a leading Delhi newspaper on 10 October 1985, for which I also received a legal notice. I had mentioned that some ministers of the Rajiv Gandhi government may be in trouble due to this scandal. I had enough facts, therefore, we did not respond to the legal notice. After the investigation progressed, the matter reached court, and three months later, on 28 January 1986, four Congress ministers had to resign. One of them was also a former editor of another leading Hindi daily in Delhi. Hence, it can be assumed that politicians or journalists can also get involved in espionage cases. Recently, a veteran journalist covering defence and foreign affairs for an English publication was arrested on charges of spying for China.
It is true that government agencies and private agencies here and abroad have been spying in India in an unauthorised or illegal manner for years. As for the modern spying equipment from an Israeli company, India, along with 14 other countries of the world, are stuck in a case related to the espionage of breaking into the phones of many people. The Supreme Court-appointed committee is investigating the factual information related to the purchase and use of Pegasus. The New York Times has even claimed that the Indian government has bought this device, whereas, instead of giving any clear answer on this subject, the Indian government is saying that it has not spied on anyone unofficially.
Experienced politicians and journalists should not be surprised. I remember an incident from 32 years ago. Giani Zail Singh was the President of India. He was having a conversation with senior leader Vidyacharan Shukla at Rashtrapati Bhavan. We were talking in the study room, then when the political upheaval started, Gianiji told us, let’s talk outside on the lawn saying even though walls do not have any ears, someone sitting far away without picking up the telephone will listen to us or even record it. In those days, differences of opinion and distrust were going on between Gianiji and Prime Minister Rajiv Gandhi. The situation was so serious that some leaders were discussing and advising the President to dismiss him using his power and authority. Similarly, several ways were taken to avoid tapping from the phone.
The real issue in the present controversy is why did any agency break into the phones of these select people? Some of the names that surfaced have been accused of having links with Naxal organisations, some have suspected persons associated with them, and some are human rights activists from within the country and abroad. The Indian government has been keeping an eye on such people for a very long time. Be it Congress governments or the BJP government, they have legally arranged for intelligence for the security system, but there is a big twist in the new espionage case. The Israeli company, NSO, has said that they have provided technology to government intelligence agencies that help in the fight against terrorism and serious crimes. This technology is not designed for use against human rights activists and journalists. Nevertheless, some of those who have come to the fore of espionage are advocates of violent serious cases of Bhima Koregaon and some human rights activists.
The mystery is that on whose behest their phones were hacked; one spying case has also happened just before the 2019 elections. WhatsApp has been claiming that its messages are completely secure. It has 1,500 million users worldwide, out of whom about 400 million are in India. That’s why the reputation of WhatsApp is also at stake and it has filed a lawsuit against the Israeli company in a US court. The funny thing is that even before this, conflicting institutions and people raised a lot of hue and cry over allegations of espionage, but no serious action was ever taken against anyone. During the Congress government, there was an allegation on a minister, of installing espionage equipment on its own government, but the government suppressed this matter to save its honour. Similarly, a serious allegation of espionage of the then Army Chief General V.K. Singh (now Union Minister) also came to the fore. In the second case, there was a ruckus when the spy tapes of the phone conversations of big corporate companies, politicians and well-known journalists, which had been going on for months, surfaced. But till date, the names of the masterminds involved in that espionage have not surfaced and no action has been taken against anyone. In various states like Karnataka, Uttar Pradesh, Madhya Pradesh, Gujarat, Punjab, Rajasthan, from time to time, allegations of spying on their opponents and even their supporters have come to the fore. Perhaps this is the reason that this time too there is a political uproar regarding the espionage scandal.
The second important issue related to this dispute is that there is every possibility of keeping an eye on government or non-government level on those who directly or indirectly help people associated with Naxalite violence or terrorist activities. There may be a legal right, but sooner or later, there is a danger that when people give them aid from inside or outside the country, they also come under the radar of suspicion. In Naxalite violence, even top Congress leaders were killed.
During their reign, they were also keeping an eye on such people. Not only in India, but also in democratic countries like the UK and the US, cases of espionage by the ruling authorities or corporate companies have been coming to the fore. Being active in the public sector, such dangers always persist.
However, it is high time that government, Supreme Court, and Parliament decided new limits on the right to privacy and the rules of any kind of secretive happenings. The Lakshman Rekha of freedom of expression and security system should be determined.
The writer is editorial director of ITV Network—India News and Dainik Aaj Samaj.