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NIA claims fact-finding conducted by Gautam Navlakha was sponsored to further terrorist activities

NIA claims fact-finding conducted by Gautam Navlakha was sponsored to further terrorist activities

poster campaign 2020

by Bar & Bench – Live Threads / @lawbarandbench (Aug 9, 2023)
NIA arguments in bail hearing of Bhima Koregaon accused Gautam Navlakha will continue on August 24, 2023.


NIA claims fact-finding conducted by Gautam Navlakha was sponsored to further terrorist activities

09/08/2023

The Leaflet / by Sarah Thanawala

The National Investigation Agency has also claimed that the perception of resistance from members of the banned organisation Communist Party of India (Maoist) against Navlakha was deliberately created. 
On Wednesday, a division Bench of the Bombay High Court comprising Justices A.S. Gadkari and Shivkumar Dige continued hearing the bail application filed by journalist and human rights activist Gautam Navlakha.
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NIA emphasises charges of conspiracy and common intention to further terrorist activities against Gautam Navlakha

08/08/2023

The Leaflet / by Sarah Thanawala

The National Investigation Agency argued that the individual roles of the accused persons in the Bhima Koregaon case should not be looked into in isolation from the larger conspiracy.
On Monday, a division Bench of the Bombay High Court comprising Justices A.S. Gadkari and Shivkumar Dige continued hearing the bail application filed by journalist and human rights activist Gautam Navlakha.
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Gautam Navlakha part of urban naxal movement which arranges manpower, funds for rural naxal struggle: NIA to Bombay High Court

08/08/2023

Bar & Bench / by Neha Joshi

Responding to Navlakha’s claims that he was not involved in any violent acts for seeking bail in the Bhima Koregaon case of 2018, ASG Devang Vyas argued that Navlakha was assigned a role in the larger conspiracy.
Human rights activist and journalist Gautam Navlakha was part of an urban movement to arrange for logistics for the rural naxal movement, the National Investigation Agency (NIA) told the Bombay High Court on Monday while opposing Navlakha’s bail application.
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Probe agency opposes Gautam Navlakha’s bail plea, says ‘Part of Urban Naxals’

08/08/2023

India Today / by Vidya

The National Investigation Agency opposed the bail plea of Elgar Parishad case accused, Gautam Navlakha, in the Bombay High Court.
Opposing the bail plea of Gautam Navlakha, an accused in the Elgar Parishad case, the National Investigation Agency told the Bombay High Court that Navlakha was part of “Urban Naxals” to arrange logistics for Naxal movements in rural areas.
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Also read:
‘Urban Naxal’ is a label to terrorise intellectuals: Prabhat Patnaik (The Telegraph / Feb 2023)
From Anti-National to Urban Naxal: The Trajectory of Dissent in India – How the term Urban Naxal came to being (Newsclick / Sep 2018)


Gautam Navlakha

Gautam Navlakha has a tremendous archive of writings from the 1980s to the present, documented by The Friends of Gautam Navlakha.
To read some of his recent writings and a full list of his articles with Economic & Political Weekly, the NewsClick newsportal and the platform Sanhati visit: Gautam Navlakha – Journalist, Human Rights Defender, Political Prisoner

Jesuit priest accused of terrorism was victim of digital hacking

Jesuit priest accused of terrorism was victim of digital hacking

Illustration by #bakeryprasad

Independent Catholic News / by John McManus

Today, Jesuit Missions, the international mission and development office of the Jesuits in Britain, along with the international Xavier Network, are calling on the Indian Government to clear Fr Stan’s name, especially in light of new evidence which proves that he was systematically targeted during a four-year campaign, during which time falsified evidence was planted on the priest’s computer.
Read more


Also read:
Fabricating Evidence Against Life and Liberty: Tampering with Fr. Stan Swamy’s computer and its implications for Bhima Koregaon case (Mumbai Rises to Save Democracy / Dec 2022)
Leaked Data Shows Surveillance Net in Elgar Parishad Case May Have Crossed a Line (The Wire / July 2021)

The Secret Of The Sealed Cover!

The Secret Of The Sealed Cover!

Rising Kashmir / by Dr. Swati Jindal Garg

Even though there is a specific law that defines sealed cover jurisprudence, the concept also finds a mention in Rule 7 of order XIII of the Supreme Court Rules and Section 123 of the Indian Evidence Act of 1872
… In the Bhima Koregaon case also, wherein activists were arrested under the Unlawful Activities Prevention Act, the Supreme Court had relied on information submitted by the Maharashtra police in a sealed cover. In the case of activist Gautam Navlakha, the police had submitted a sealed envelope including information recovered from the electronic devices seized from the activist. 
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Also read:
NIA highlights Gautam Navlakha’s ‘Pakistani connect’ to oppose bail in Elgar Parishad case (India Today / Feb 2023)

‘Urban Naxal’ is a label to terrorise intellectuals: Prabhat Patnaik

‘Urban Naxal’ is a label to terrorise intellectuals: Prabhat Patnaik

Poster campaign, Jun 2020

The Telegraph / by Subhoranjan Dasgupta

Neo-fascist regime working towards ‘destruction of thought’
The government is reportedly planning a crackdown against “Maoist intellectuals operating front organisations in the cities in the guise of NGOs and civil rights organisations”, months after Prime Minister Narendra Modi called for the eradication of “Naxalism”, whether “the ones with guns or the ones with pens”.
But who are these so-called “Urban Naxals” and why does the government consider them so dangerous? Social scientist PRABHAT PATNAIK explains in this interview with SUBHORANJAN DASGUPTA, professor of human sciences.
Read more


Also read:
From Anti-National to Urban Naxal: The Trajectory of Dissent in India – How the term Urban Naxal came to being (Newsclick / Sep 2018)

Maharashtra: Top Cop Accuses Decades-Old Cultural, Rights Orgs of Working as ‘Naxal Fronts’

Maharashtra: Top Cop Accuses Decades-Old Cultural, Rights Orgs of Working as ‘Naxal Fronts’

The Wire / by Sukanya Shantha

At the recent police conference attended by PM Modi, Gadchiroli DIGP Sandip B. Patil claimed in a paper that 15 cultural and rights organisations are actually “active frontal organisations of Naxals.” Behind this claim is little evidence.
In 2017, the artiste couple Shital Sathe and Sachin Mali publicly announced their decision to split from the cultural outfit, Kabir Kala Manch (KKM) after 15 years of association.
Read more


Also read:
UAPA – CRIMINALISING DISSENT AND STATE TERROR – Study of UAPA Abuse in India, 2009-2022 (PUCL / Sep 2022)
Kabir Kala Manch: A History of Revolutionary Singing and State Repression (ritimo / April 2022)
The Security Playbook Used To Erode Democracy In Modi’s India & How The Tide Might Turn (article 14 / March 2022)
Maharashtra: Activists, Lawyers Added to ‘Union War Book’, Listed as ‘Enemies of the State’ (The Wire / Jul 2021)
From ‘tukde tukde gang’ to ‘urban Naxal’: How media trials enable the government to stifle dissent (Scroll.in / Sep 2018)

India’s UAPA law: Curbing Terrorism or Stifling Democratic Dissent?

India’s UAPA law: Curbing Terrorism or Stifling Democratic Dissent?

The UAPA Law – Curbing Terrorism or Stifling Dissent?

24/01/2023

By Hindus for Human Rights

(DESH-VIDESH CONVERSATION SERIES – SPEAKING ACROSS THE DIVIDE)
Digital Evidence Planting: New Age Threat to Rights Defenders
Presented by Safa Ahmed of the Indian American Muslim Council on behalf of a broad coalition working to secure the release of all the Bhima Koregaon prisoners

WHY ARE MOST OF THE BHIMA KOREGAON DEFENDANTS STILL IN JAIL DESPITE FORENSIC FINDINGS THAT INCRIMINATING EVIDENCE HAD BEEN PLANTED ON SOME OF THEIR COMPUTERS?

Good evening. Digital forensics is a dry, technical field, but the consequences of digital attacks play out like a vivid, terrifying, and painful movie. With the help of technical experts, journalists, and activists, I have prepared for you this narrative of what was revealed in the forensic analysis of the hard drives of three of the BK-16 – Rona Wilson, Surendra Gadling, and Father Stan Swamy.
Read more


Invite: India’s UAPA law: Curbing Terrorism or Stifling Democratic Dissent?

20/01/2023

By Hindus for Human Rights / @Hindus4HR

The Unlawful Activities Prevention Act (UAPA) and India’s Prisoners of Conscience (POCs): Targeting terrorism or stifling democratic dissent?
Saturday, January 21, 2023
6 pm PST,
7:30 am IST
The conversation will cover the history and the draconian provisions of the UAPA; how it compares to anti-terror laws in other democracies; the views of the State Department and USCIRF; what are some of the typical charges being made being under UAPA. Do they look unlawful to you? Some statistics: How many people arrested since the amended UAPA; Average time spent w/o trial or bail hearing; How many have gone to trial, etc.

Moderator: Govind Acharya, Amnesty International
Panelists:
Banojyotsna Lahiri, Activist, on Umar Khalid’s story and struggle
Yug Mohit Chaudhry, Author and Criminal Lawyer, on legal strategies on behalf of POCs and hurdles faced
Mihir Desai, Human Rights Lawyer, on the story and struggle of Bhima Koregaon 16 and what’s happening to lesser known detainees
Followed by a Q&A moderated by Govind Acharya
Register here

Why Courts Are Ignoring Concerns Of Planted Evidence In The Bhima-Koregaon Prosecution

Why Courts Are Ignoring Concerns Of Planted Evidence In The Bhima-Koregaon Prosecution

Poster by #bakeryprasad

Article14 / by Abhinav Sekhri

Independent forensic experts have raised concerns of evidence being planted in the ongoing Bhima-Koregaon prosecution (ongoing for 45 months, with not even charges framed yet). But India’s tightly regulated criminal process severely restricts the right of accused persons to introduce new material. It speaks to many important concerns for the state, such as speedy trial, but a general rule that brooks no exception does more harm than good.
It has been almost 45 months since the police began investigating the theory of a larger conspiracy in the cases emanating out of the Bhima-Koregaon violence of January 2018. 
Read more


Also read:
Incriminating evidence planted in computers: The Trojan solved the Bhima Koregaon case! (Anchored Narratives / Jan 2023)
Hackers Planted Files to Frame an Indian Priest Who Died in Custody (Wired / Dec 2022)
Police Linked to Hacking Campaign to Frame Indian Activists (Wired.com / June 2022)

Incriminating evidence planted in computers: The Trojan solved the Bhima Koregaon case!

Incriminating evidence planted in computers: The Trojan solved the Bhima Koregaon case!

Poster by #bakeryprasad

Anchored Narratives / by RJM

How proper file, malware, and memory forensics techniques were able to catch the ModifiedElephant threat actor planting incriminating evidence on defendants’ computers in India.
I agreed in late 2022 to independently review a new digital forensics report from Arsenal Consulting (hereafter: Arsenal), which was still under embargo. Niha Masih, an award-winning reporter with The Washington Post, reached out to me in early December and explained that she had written a series of articles (based on Arsenal reports) about Indian activists in the “Bhima Koregaon” case who were hacked and had evidence planted on their devices before their arrests. Niha asked if I would be able to validate Arsenal’s work.
Read more


Also read:
Hackers Planted Files to Frame an Indian Priest Who Died in Custody (Wired / Dec 13, 2022)
Police Linked to Hacking Campaign to Frame Indian Activists (Wired.com / June 2022)
They were Accused of plotting to overthrow the Modi government – The evidence was planted, a new report says (Washington Post / Feb 2021)

Electronic records relied on during probe dubious, says Vernon Gonsalves in discharge plea

Electronic records relied on during probe dubious, says Vernon Gonsalves in discharge plea

Electronic records relied on during probe dubious, says Gonsalves in discharge plea

05/01/2023

The Indian Express / by Express News Service

Referring to multiple reports by US-based forensic consulting firm Arsenal Consulting, which said that malware was planted on the electronic devices of his co-accused, Gonsalves has said the main evidence in the case is ‘unworthy of credit’.
Vernon Gonsalves, an accused in the Elgaar Parishad case, filed his discharge application before the special court on Wednesday, stating that electronic records relied on by the investigators are dubious.
Read more


Vernon Gonsalves cites Arsenal report to seek discharge

05/01/2023

Free Press Journal / by Bhavna Uchil

Accused in the Bhima-Koregaon case, Vernon Gonsalves has sought a clean chit and cited the US forensics firm Arsenal Consulting’s report showing that incriminating evidence was planted on devices of the accused.
Accused in the Bhima-Koregaon case, Vernon Gonsalves has sought a clean chit and cited the US forensics firm Arsenal Consulting’s report showing that incriminating evidence was planted on devices of the accused. The electronic evidence forms the foundation of the prosecution’s case. He has claimed that it’s dubious and has called into question the whole basis of the case.
Read more


Activist Vernon Gonsalves files for discharge

04/01/2023

Hindustan Times / by Charul Shah

The activist has raised questions on the sanction given by the competent authorities to invoke charges under the Unlawful Activities Prevention Act. In the discharge plea, he has claimed that the sanctioning authority has to be independent and needs to evaluate evidence before granting sanction
Human rights activist Vernon Gonsalves has filed a plea before the special NIA court seeking discharge from the Elgar Parishad-Bhima Koregaon violence case, claiming that there was no evidence to proceed against him. Gonsalves, arrested in August 2018, is currently lodged in Taloja jail.
Read more


Also read:
Incriminating document found in Fr. Stan Swamy’s computer ‘planted’; similar tampering found in other Bhima Koregaon accused: Reports American forensic firm (The Leaflet / Dec 2022)
They were Accused of plotting to overthrow the Modi government – The evidence was planted, a new report says (Washington Post / Feb 2021)
Why the letter about a ‘Rajiv Gandhi-type’ assassination plot to kill Modi is fake (Dailyo.in │ by Arun Ferreira and Vernon Gonsalves │ Jun 11, 2018)

5 years on, Bhima Koregaon violence accused yet to get 60% of clone copies

5 years on, Bhima Koregaon violence accused yet to get 60% of clone copies

poster by @/bakeryprasad

The Hindu / by Sonam Saigal

Despite directions given by the special court to NIA to provide all the evidence, only 40% has been shared, says advocate for some of the accused in the case.
It is almost five years since caste-based violence broke out at Bhima Koregaon in Pune but more than 60% of ‘clone copies’ of the evidence against the 15 accused, who are activists, lawyers, journalists, and professors, have not been shared with them.
Read more


Also read:
Hackers Planted Files to Frame an Indian Priest Who Died in Custody (Wired / Dec 13, 2022)
Leaked Data Shows Surveillance Net in Elgar Parishad Case May Have Crossed a Line (The Wire / July 2021)