New Delhi, Oct 27
The Supreme Court on Wednesday made it crystal clear that the Centre's argument of national security, in context of whether it used the Pegasus spyware, cannot be used as a "free pass" whenever a matter is taken up for judicial review.
Mere invocation of national security by the state does not render the court a mute spectator, it stressed.
A bench headed by Chief Justice N.V. Ramana said it is a settled position of law that in matters pertaining to national security, the scope of judicial review is limited. However, the bench added that this does not mean that the state gets a free pass every time the spectre of "national security" is raised.
"National security cannot be the bugbear that the judiciary shies away from, by virtue of its mere mentioning. Although this Court should be circumspect in encroaching upon the domain of national security, no omnibus prohibition can be called for against judicial review," it said.