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Category: Fabricated facts

Since Evidence Tampering Not Ruled Out, Shoma Sen and Rona Wilson Want Chargesheets Quashed

Since Evidence Tampering Not Ruled Out, Shoma Sen and Rona Wilson Want Chargesheets Quashed

Since Evidence Tampering Not Ruled Out, Accused Want Chargesheets Quashed

19/10/2023

The Wire / by The Wire Staff

Shoma Sen and Rona Wilson petitioned the Bombay high court alleging that norms were violated in searching and seizing electronic documents from them. 
Shoma Sen and Rona Wilson, named as accused in the Elgar Parishad case, have alleged in their petition before the Bombay high court that the prosecution violated the Code of Criminal Procedure, 1973, Indian Evidence Act, 1872 and Information Technology Act, 2000 in searching and seizing allegedly incriminating electronic documents from them.
They urged the division Bench of Justice A.S. Gadkari and Justice Sharmila U. Deshmukh on Monday, October 17, to quash the chargesheets against them.
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Bombay High Court hears petition seeking quashing of chargesheets against Shoma Sen and Rona Wilson

17/10/2023

The Leaflet / by Sarah Thanawala

Senior advocate Anand Grover, appearing on behalf of Sen and Wilson, argued that the prosecution violated principles of Code of Criminal Procedure, 1973, Indian Evidence Act, 1872 and Information Technology Act, 2000 in searching and seizing allegedly incriminating electronic documents.
On Monday, the Bombay High Court heard pleas by women’s rights activist and academic Shoma Sen, and activist and researcher Rona Wilson for quashing chargesheets filed against them.
… The matter is posted for further hearing on October 23.
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Lawyer Raises Concerns Over Security Of Devices Seized In Bhima Koregaon Investigation: Report

17/10/2023

MediaNama / by Aarathi Ganesan

Lawyer Anand Grover argued that simply sealing electronic devices upon seizure did not ensure that the data within had been secured. He also noted that electronic devices could be easily tampered with, without any indication.
The electronic evidence recovered from activists Shoma Sen and Rona Wilson in the Bhima Koregaon investigation was improperly secured upon seizure, advocate Anand Grover alleged before the Bombay High Court yesterday, The Leaflet reported.
Read more

Also read:
● Incriminating evidence planted in computers: The Trojan solved the Bhima Koregaon case! (Anchored Narratives / Jan 2023)
● Cyber Attackers Who Targeted Rona Wilson Could Have Been Engaged by Same Entity: Report (The Wire / Feb 2022)

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. 
Read more

Also read:
● NIA highlights Gautam Navlakha’s ‘Pakistani connect’ to oppose bail in Elgar Parishad case (India Today / Feb 2023)

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.
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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.
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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)

Killing Father Stan with lies

Killing Father Stan with lies

Poster by #bakeryprasad

Midday.com / by Ajaz Ashraf

Stan had, during interrogation, claimed that the evidence against him was ‘interpolated’, as he wrote in his book I Am Not A Silent Spectator; but NIA did not believe him. Now a forensic firm has confirmed it.
Late Jesuit priest Father Stan Swamy wrote a slim book, I Am Not A Silent Spectator, before he was arrested on October 8, 2020. In the book, Stan details the questions sleuths from the National Investigation Agency asked him over 15 hours of interrogation spread over five days—and the answers he gave. He scoffed at the documents they said had been extracted from his computer, insisting these were “interpolations”.
Read more

Also read:
● Hackers Planted Files to Frame an Indian Priest Who Died in Custody (Wired / Dec 13, 2022)
● And the future of Stan Swamy (Midday.com / Oct 2022)

I am not a silent spectator

An autobiographical fragment, memory and reflection

Indian Social Institute / By Stan Swamy


Publisher: Indian Social Institute
First published in 2021
140 pages
Download pdf

Reports say ‘evidence’ against Bhima Koregaon accused was planted – so why are they still in jail?

Reports say ‘evidence’ against Bhima Koregaon accused was planted – so why are they still in jail?

Poster by #bakeryprasad

Scroll.in / by Umang Poddar

Legal experts say that this information becomes useful during the stage of the trial, which is yet to start.
A new report that says that “evidence” on Stan Swamy’s computer was planted would not be of much use to the accused persons in the Bhima Koregaon case until the trial starts, legal experts point out.
Read more

Also read:
● Will the bail granted to Anand Teltumbde help others in the Bhima Koregaon case to get out of jail? (Scroll.in / Nov 2022)