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Category: Arrests

Supreme Court ticks off govt on seizure of personal devices

Supreme Court ticks off govt on seizure of personal devices

The Telegraph / by R. Balaji

SC frowns on government’s cavalier dismissal of a PIL’s demand for guidelines on ‘seizure, examination and preservation’ of such gadgets
The Supreme Court on Friday said electronic devices seized by investigating agencies “have personal contents and we have to protect this”, frowning on the Centre’s cavalier dismissal of a PIL’s demand for guidelines on the “seizure, examination and preservation” of such devices.
… several accused in the Elgaar Parishad-Maoist links case have said — with support from forensic analysts — that false “evidence” was planted on their devices after their seizure by investigators.
Read more


Also read:
Despite the Evidence, Courts Yet to Take Note of Spyware Used Against Elgar Parishad Accused (The Wire / July 2022)
Police Linked to Hacking Campaign to Frame Indian Activists (Wired.com / June 2022)

Surendra Gadling seeks time to reply to ED’s notice / ED Wants to Probe Elgar Parishad Case

Surendra Gadling seeks time to reply to ED’s notice / ED Wants to Probe Elgar Parishad Case

Surendra Gadling seeks time to reply to ED’s notice to record his statement

31/07/2022

The Leaflet / by Sarah Thanawala

Arun Ferreira files application to seek production of order on the seizure of emails; Gautam Navlakha gives rejoinder to NIA’s arguments against his bail application
On July 28, the Enforcement Directorate (‘ED’) approached the special National Investigation (‘NIA’) court, presided by Special Judge Rajesh Kataria, seeking permission to record human rights lawyer and Dalit rights activist Surendra Gadling’s statement for his alleged connection with money laundering.
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ED moves NIA Court to question accused Surendra Gadling in money laundering case

30/07/2022

Bar & Bench / by Satyendra Wankhade

The Special NIA Court has granted time to Gadling to respond to ED’s application by August 10.
A special court in Mumbai on Friday granted Surendra Gadling – one of the accused in the Bhima Koregaon case — time to reply to the application filed by the Enforcement Directorate (ED) seeking to record his statement in connection with a money laundering case registered by the agency last year in which he is allegedly a prime suspect.
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ED To Investigate Bhima Koregaon Accused For Money Laundering, Seeks Permission To Record Surendra Gadling’s Statement

30/07/2022

Live Law / by Sharmeen Hakim

Over four and a half years after the Bhima Koregaon – Elgar Parishad caste violence incident, the Enforcement Directorate is pursuing money laundering proceedings against certain civil liberties activists accused in the case.
The ED has approached the Special Court in Mumbai seeking permission to record accused Advocate Surendra Gadling’s statement under section 50(2) of the PMLA Act regarding an ECIR registered last year.
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Now, ED Wants to Probe Elgar Parishad Case, Accuses Surendra Gadling of ‘Money Laundering’

29/07/2022

The Wire / by Sukanya Shantha

The central agency has sought permission from a court in Mumbai to investigate into the enforcement case information report (ECIR) registered against the activist in March 2021.
The Enforcement Directorate on Thursday, July 28, moved an application before a special court seeking permission to question Surendra Gadling, one of the activists jailed in the Elgar Parishad case, in connection with an enforcement case information report (ECIR) registered against him in March 2021.
The Nagpur-based human rights activist has already been in jail for four years and will now be probed by ED in a “money laundering” case.
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Enforcement Directorate seeks to record Surendra Gadling’s statement

29/07/2022

The Indian Express / by Sadaf Modak

The ED approached a special court stating that the investigators want to record his statement in jail and sought permission for it. The court issued notice to Gadling to reply to ED’s plea. It is likely to be heard on Friday.
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Despite the Evidence, Courts Yet to Take Note of Spyware Used Against Elgar Parishad Accused

Despite the Evidence, Courts Yet to Take Note of Spyware Used Against Elgar Parishad Accused

The Wire / by Sukanya Shantha

The evidence of malware use has now come in from multiple studies, but the accused remain in jail and the trial is yet to begin.
It has been a year since The Wire, along with 16 other international media organisations – all part of the Pegasus Project – reported how at least eight activists, lawyers and academics arrested for their supposed role in the Elgar Parishad case were on the leaked database as probable Pegasus targets. Besides the accused persons, their family members, lawyers, associated activists and, in some cases, minor children too appeared on the list.
Read more


Also read:
Police Linked to Hacking Campaign to Frame Indian Activists (Wired.com / June 2022)
Leaked Data Shows Surveillance Net in Elgar Parishad Case May Have Crossed a Line (The Wire / July 2021)

Why did India´s media ignore Wired story on plice planting evidence against Bhima Koregaon activists?

Why did India´s media ignore Wired story on plice planting evidence against Bhima Koregaon activists?

Newslaundry / by Kalpana Sharma

News is always “breaking” and stories are sometimes “broken”. But then you also have important stories that are “broken” but are quickly forgotten. Not always deliberately, although sometimes that is the case. Quite often because there is just too much news breaking all around us, genuine and fake. As a result, many important stories that need to be followed up are relegated to the archives.
… But first to an important investigative story that got barely reported in the Indian media.
I refer to the remarkable story broken by the Wired magazine on June 16. Headlined “Police linked to hacking campaign to frame Indian activists”, the story describes in some detail how the Indian police were able to plant evidence on the computers of some activists that ultimately led to their arrest.
Read more


Also read:
Police Linked to Hacking Campaign to Frame Indian Activists (Wired.com / June 2022)
The unravelling of a conspiracy: were the 16 charged with plotting to kill India’s prime minister framed? (The Guardian / Aug 2021)
Explainer: Arsenal Report on Surendra Gadling (The Leaflet / July 2021)
They were Accused of plotting to overthrow the Modi government – The evidence was planted, a new report says (Washington Post / Feb 2021)

After New Bhima Koregaon Revelations, Bombay High Court Can and Must Act

After New Bhima Koregaon Revelations, Bombay High Court Can and Must Act

After New Bhima Koregaon Revelations, Bombay High Court Can and Must Act

18/06/2022

The Quint / by Vakasha Sachdev

The assessment of these damning revelations can’t wait till trial, HC should set up a commission of inquiry.
In September 2018, when the Bhima Koregaon case was still in its infancy and the Maharashtra Police were trying to arrest the second set of activists (including Sudha Bharadwaj and Gautam Navlakha), Justice DY Chandrachud of the Supreme Court had said:
“Circumstances have been drawn to our notice to cast a cloud on whether the Maharashtra police has in the present case acted as fair and impartial investigating agency. Sufficient material has been placed before the Court bearing on the need to have an independent investigation.”
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Bhima Koregaon Case: New Report Ties Pune Police With ‘Fabricated Evidence’

17/06/2022

The Quint / by The Quint

Independent investigations seem to suggest that the evidence in the case may just been very corrupt.
“We generally don’t tell people who targeted them, but I’m kind of tired of watching… These guys are not going after terrorists. They’re going after human rights defenders and journalists. And it’s not right,” an unnamed security analyst told American magazine WIRED.
Read more


Also read:
● Police Linked to Hacking Campaign to Frame Indian Activists (Wired / June 16, 2022)

Police Linked to Hacking Campaign to Frame Indian Activists / Report links cop to hacking bid on Bhima accused

Police Linked to Hacking Campaign to Frame Indian Activists / Report links cop to hacking bid on Bhima accused


Cartoon by PenPencilDraw

Police Linked to Hacking Campaign to Frame Indian Activists

16/06/2022

Wired.com / by Andy Greenberg

New details connect police in India to a plot to plant evidence on victims’ computers that led to their arrest.
Police forces around the world have increasingly used hacking tools to identify and track protesters, expose political dissidents’ secrets, and turn activists’ computers and phones into inescapable eavesdropping bugs. Now, new clues in a case in India connect law enforcement to a hacking campaign that used those tools to go an appalling step further: planting false incriminating files on targets’ computers that the same police then used as grounds to arrest and jail them.
Read more

by Andy Greenberg / @a_greenberg (June 16):
A wild, appalling story: A group of hackers fabricated evidence on the PCs of Indian human rights activists who were then arrested for terrorism and jailed. Now researchers have found a direct link between those hackers and the police making the arrests.
Read full thread


Fabricated evidence planted to implicate Elgaar activists, says US magazine

18/06/2022

The Telegraph / by Pheroze L. Vincent

Maharashtra govt and Centre have resisted the admission of the multiple revelations of hacking as evidence and consistently opposed bail in the case.
America’s Wired magazine has alleged links between Pune police and hackers who it says planted fabricated evidence on some of the accused in the Elgaar Parishad-Maoist links case, which witnessed the arrest of 16 activists, writers, academics and lawyers.
Earlier, two digital security firms in the US had revealed the planting of electronic evidence – claims that the prosecution has rejected, with the investigators ignoring calls to review the evidence.
Read more


Security Researchers Claim Link Between Pune Police And Hacking Campaign Against Bhima Koregaon Accused

16/06/2022

The Wire / by The Wire Staff

The recovery email id and phone number on accounts of Wilson, Rao and Babu were allegedly linked to a Pune police officer.
Security researchers in the United States have claimed that they unearthed new evidence that links the Pune police to the hacking of e-mail accounts of activists Rona Wilson and Varavara Rao and Delhi University professor Hany Babu. This is the first time that the state’s involvement has been directly established in the case.
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Report links cop to hacking bid on Bhima accused

16/06/2022

Hindustan Times / by HT Correspondent

There are links between a Pune police official and a hacking campaign that targeted suspects in the Bhima Koregaon case, a report by news website Wired said on Thursday, citing information from an unnamed whistleblower from a company that provided email services to the targets.
The report is the latest in a series of clues that bring into question the provenance of the evidence used in the Bhima Koregaon case, in which several activists have been accused of terrorism through their alleged links to the extremist Maoist rebellion.
Read more


Pune Police allegedly planted fake evidence on devices of Bhima Koregaon accused, reports Wired

16/06/2022

Scroll.in / by Scroll Staff

The recovery email id and phone number on accounts of Rona Wilson, Varavara Rao and Hany Babu were linked to a police officer, a cybersecurity firm has claimed.
A US-based cybersecurity company has claimed that the Pune Police hacked electronic devices owned by activists Rona Wilson, Varavara Rao and Hany Babu and planted fake evidence on them, reported Wired magazine in the US.
Read more


Also read:
The unravelling of a conspiracy: were the 16 charged with plotting to kill India’s prime minister framed? (The Guardian / Aug 2021)
Explainer: Arsenal Report on Surendra Gadling (The Leaflet / July 2021)
They were Accused of plotting to overthrow the Modi government – The evidence was planted, a new report says (Washington Post / Feb 2021)

As Bhima Koregaon case completes its fourth anniversary, State reprisal is writ large in its twists and turns

As Bhima Koregaon case completes its fourth anniversary, State reprisal is writ large in its twists and turns

The Leaflet / by Nihalsing Rathod

As we have completed four years since the first arrest in the Elgar Parishad case, a quick recap of how 16 renowned human rights activists were jailed may be useful.
There is much more than meets the eye. Maybe we will have a few answers after the trial ends, but not all. It would be difficult to say what exactly caused the arrest of these 16 eminent persons, but we can definitely relook at the turn of events and try to understand what really happened.
Read more


Also read:
‘We are all prisoners of conscience’, say those facing trial in Bhima Koregaon case on the occasion of fourth anniversary of their arrests [read letter] (The Leaflet / June 2022)
3 years after Bhima Koregaon: How criminal law was violated (The Leaflet / June 2021)

Pune Police Evade The Law By Dodging Questions On Use Of Pegasus Spyware On Indian Citizens

Pune Police Evade The Law By Dodging Questions On Use Of Pegasus Spyware On Indian Citizens

Pune Police Evade The Law By Dodging Questions On Use Of Israeli Spyware On Indian Citizens

03/04/2022

Artice 14 / by Saurav Das

Despite multiple right-to-information applications asking whether the Pune police purchased or used military-grade Pegasus spyware in the Bhima-Koregaon case, its information officer evaded an answer, refusing to admit the questions on technical grounds. Experts said the police replies were legally untenable and dismissive of a growing demand for greater transparency and accountability in India’s surveillance framework. 
A Pune police refusal to reply to right-to-information (RTI) queries about the use of Israeli spyware Pegasus raise several questions about whether the military-grade hacking weapon was deployed in implicating lawyers, activists, and academics in the Bhima Koregaon-Elgar Parishad (BK-EP) case, which invokes India’s draconian counter-terrorism law,  the Unlawful Activities Prevention Act, 1967.
Read more


Media in India: Shackled and spied on

03/05/2022

The Leaflet / by Sukumar Muralidharan

Early in April, the Union Ministry of Information and Broadcasting [MIB] ordered 22 YouTube channels blocked, 18 based in India and four in Pakistan. Also blocked were four social media accounts and one news website. Later in the month, another 16 YouTube channels were blocked, ten in India and all others in the neighbouring State, alongside one Facebook account.
Read more


Also read:
Leaked Data Shows Surveillance Net in Elgar Parishad Case May Have Crossed a Line (The Wire / July 2021)

Charges to be framed next week, all accused asked to remain present in court

Charges to be framed next week, all accused asked to remain present in court

The Indian Express / by Sadaf Modak

The NIA had submitted draft charges in August last year based on which the court will decide on the charges to be framed against the accused.
The special court hearing the Elgaar Parishad case on Tuesday directed both the accused and the National Investigation Agency (NIA) to take steps to proceed with the case and asked all accused to remain present for the hearing next week, on April 27, for framing of charges.
Read more


Also read
Cyber Attackers Who Targeted Rona Wilson Could Have Been Engaged by Same Entity: Report (The Wire / Feb 2022)
Accused in the Bhima Koregaon – Elgar Parishad case have approached the Bombay High Court to stay till clone copies of electronic evidence is provided (Live Law / Aug 2021)
NIA files draft charges against accused in Elgar Parishad case (India Today / Aug 2021)

CM’s Statement On Saffron Flags During Protest ‘Extraneous’: NIA Court While Rejecting Bail / Statement by Sagar & Ramesh

CM’s Statement On Saffron Flags During Protest ‘Extraneous’: NIA Court While Rejecting Bail / Statement by Sagar & Ramesh

Special NIA Court rejects former CM Fadnavis’ statement as evidence, denies bail to three Bhima Koregaon accused

19/02/2022

The Leaflet / by The Leaflet

A special National Investigative Agency (NIA) court denied bail on Monday to three persons accused in the Bhima Koregaon (Elgar Parishad) case and declined to consider former Maharashtra Chief Minister Devendra Fadnavis’ statement in the Maharashtra Legislative Assembly.  The court, while denying bail, maintained that the accused hatched a “serious conspiracy” to create unrest in the country.
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CM’s Statement On Presence Of Crowd With Saffron Flags During Bhima Koregaon Protest ‘Extraneous’: NIA Court While Rejecting Bail

17/02/2022

Live Law / by Sahrmeen Hakim

Fadnavis spoke about the unexpected presence of over 200-300 people holding saffron flags on the day of violence.
The NIA court has declined to consider Maharashtra’s ex-Chief Minister Devendra Fadnavis’s statement in the State Legislative Assembly on the issue of caste violence at Bhima Koregaon while rejecting bail applications of three accused. The then Chief Minister had spoken on the floor of the house about the presence of around 200-300 people holding saffron flags, sloganeering at the place of the caste violence on January 1, 2018.
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Accused wanted to create unrest in country, says NIA court

17/02/2022

Hindustan Times / by Vinay Dalvi

Though the verdict was pronounced on Monday, the detailed order became available late in the evening on Wednesday.
“From the documents and letters placed on record, prima facie it can be gathered that the applicants along with other members of the banned organisation hatched a serious conspiracy to create unrest in the entire country and to overpower the government politically,” the special National Investigation Agency (NIA) court has said, while rejecting bail pleas of Kabir Kala Manch members Jyoti Jagtap, Sagar Gorkhe and Ramesh Gaichor.
Read more


Video Statement by Sagar Gorkhe and Ramesh Gaichor (Sep 5, 2020)


hindi (en subtitles) | 2:20min | 2020
Before arresting them, NIA allegedly offered to let off Kabir Kala Manch musicians Sagar Gorkhe and Ramesh Gaichor if they admitted to Maoist links, to indict activists arrested in the #BhimaKoregaon case.
Watch video


Also read:
The unravelling of a conspiracy: were the 16 charged with plotting to kill India’s prime minister framed? (The Guardian / Aug 2021)
They were accused of plotting to overthrow the Modi government. The evidence was planted, a new report says (Washington Post / Feb 2021)
The many plots to assassinate Narendra Modi (The Caravan / Sep 2018)