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Pegasus Findings: Former Top Cops Call For Relook at Case Against Elgar Parishad / Press Note

Pegasus Findings: Former Top Cops Call For Relook at Case Against Elgar Parishad / Press Note

Senior Retired Police Officers Say Cyber Hacking Operations Revealed in Bhima Koregaon Case and Pegasus Attack Have Serious Implications

05/08/2021

By Family and Friends of BK16

PRESS NOTE
Senior Retired Police Officers Say Cyber Hacking Operations Revealed in Bhima Koregaon Case and Pegasus Attack Have Serious Implications for Police Functioning, Rule of Law
“[Such practices] give a very wrong message to the police leaders” – Julio Ribeiro, retired DGP, Punjab and Gujarat

On a day when the Supreme Court heard petitions against the government’s refusal to inquire into the use of Pegasus spyware, three senior retired police officers addressed an online press conference raising serious concerns about the impact of surveillance and evidence planting. In the wake of clear proof of evidence planting emerging in the Bhima Koregaon – Elgar Parishad cases, as well as the ongoing Pegasus revelations, Julio Ribeiro (former DGP, Punjab), Vikash Narain Rai (former DGP, Haryana) and SR Darapuri (former IG Police, Uttar Pradesh), said such revelations have serious implications for the rule of law and for the functioning of the country’s police. They criticised the government’s failure to investigate these crimes, and also called for the release of those arrested in the Bhima Koregaon case.

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Forensic Science Laboratory’s analysis unreliable: Rona Wilson’s advocate

Forensic Science Laboratory’s analysis unreliable: Rona Wilson’s advocate

Forensic Science Laboratory’s analysis unreliable: Rona Wilson’s advocate

05/08/2021

Gauri Lankesh News / by Gauri Lankesh News Desk

Since FSL did not rule out the tampering of the laptop and remained silent on the issue, the counsel said that the laboratory’s analysis remains unreliable.
Rona Wilson’s counsel on Monday told the Bombay High court that Forensic Science Laboratory (FSL) failed to respond to the question  ‘whether Wilson’s hard disk was tampered with or not?’ Since FSL did not rule out the tampering of the laptop and chose to remain silent on the issue, the council said that the laboratory’s analysis remains unreliable.
Based on the reports published by US cyber forensic firm Arsenal Consulting, Wilson had moved the Bombay High court stating that there was tampering of evidence and his laptop was infiltrated with malware. Wilson thus asked for the charges against him to be dropped.
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Claims of evidence planted in device can be raised during trial: NIA to Bombay HC in Rona Wilson and Shoma Sen plea

04/08/2021

Bar & Bench / by Neha Joshi

“Much water has flown. Bail pleas have been heard and disposed of, they have even gone up to Supreme Court. The case is now posted for framing of charge and they want to stay the trial,” ASG Anil Singh argued.
The National Investigation Agency (NIA) told the Bombay High Court on Wednesday that the allegation by Bhima Koregaon accused Rona Wilson and Shoma Sen that evidence was planted in their electronic devices, is an argument which can be raised before the trial court.
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Forensic Sciences Lab Doesn’t Rule Out Tampering Of Rona Wilson’s Laptop: Jaising To Bombay HC

04/08/2021

Live Law / by Sharmeen Hakim

… Arguing Wilson’s quashing petition under Article 226, Senior Advocate Indira Jaising submitted that FSL’s failure to respond to a specific question put by the then Investigating officer of the case: ‘whether Wilson’s hard disk was tampered with or not?’, indicates that their analysis is not reliable…
On Wednesday, Jaising submitted that the seizure of Wilson’s laptop was not secure as the ‘hash values’ of the electronic devices were not calculated. Moreover, his laptop was operated during the search in 2018, which was impermissible.
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Bhima Koregoan case: NIA opposes quashing pleas of Rona Wilson

04/08/2021

Free Press Journal / by Urvi Mahajani

The National Investigation Agency (NIA) has opposed the petitions filed by Rona Wilson, accused in the Bhima Koregaon case, stating that it wasn’t maintainable because it entirely revolves around this theory of planting of evidence.
Wilson and other accused, Shoma Sen, have filed petitions in the HC seeking quashing of the case against them.
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Also read: Leaked Data Shows Surveillance Net in Elgar Parishad Case May Have Crossed a Line (The Wire / Jul 18, 2021)

Bombay High Court Reserves Judgment In Sudha Bharadwaj’s Plea For Default Bail

Bombay High Court Reserves Judgment In Sudha Bharadwaj’s Plea For Default Bail

Bombay High Court Reserves Judgment In Sudha Bharadwaj’s Plea For Default Bail

04/08/2021

Live Law / by Sharmeen Hakim

The Bombay High Court on Wednesday reserved its order on lawyer-activist Sudha Bharadwaj’s default bail plea in the 2018 Bhima Koregaon – Elgar Parishad caste violence case.
Justices SS Shinde and NJ Jamadar heard Bharadwaj’s plea filed under sections 439, 482 and 167(2)(a)(i) of the Criminal Procedure Code read with section 43 D(2)of the Unlawful Activities Prevention Act.
The bench had earlier observed that the HC’s records were consistent with Bharadwaj’s RTI documents demonstrating that the Pune Judge was not notified as a Special Court under the NIA Act.
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Bombay HC reserves order in Sudha Bharadwaj default bail plea

04/08/2021

Bar & Bench/ by Neha Joshi

The Bombay High Court on Wednesday reserved its verdict in the petition filed by lawyer and Bhima Koregaon accused Sudha Bharadwaj seeking default bail under Code of Criminal Procedure.
Bharadwaj had approached the High Court assailing two orders passed by Pune Sessions Judges on the ground that they had no jurisdiction to pass orders in the case.
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Five reasons why NIA is opposing Sudha Bharadwaj’s default bail plea in Bombay HC

02/08/2021

Bar & Bench / by Neha Joshi

Additional Solicitor General appearing for the NIA made his submissions before Bench of Justices SS Shinde and NJ Jamadar opposing the default bail plea.
The National Investigation Agency (NIA) has opposed the default bail application filed by Bhima Koregaon accused Sudha Bharadwaj (Sudha Bharadwaj v. State of Maharashtra & Anr).
Bharadwaj had moved the High Court challenging two orders passed by Pune Sessions Judges KD Vadane and RM Pande on the ground that they had no jurisdiction to pass orders in the case.
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Also read: NIA opposes default bail pleas of eight accused (The Indian Express / July 25, 2021)

Digital evidence in the shadow of Pegasus

Digital evidence in the shadow of Pegasus

The Leaflet / by Abhay Nevagi

The Supreme Court must take suo moto cognizance of the Pegasus spyware controversy and issue directions in respect of a certificate issued under section 65B of the Evidence Act, 1872. This certificate must verify that the investigative agencies have found no tampering on electronic devices that become their basis to arrest an accused, writes Abhay Nevagi.
… Consider these recent developments in India against the background of Pegasus and other hacking scandals. A petition in the Bhima-Koregaon case, Dr Shoma Sen vs State of Maharashtra, has raised serious concerns about the nature of the evidence against the accused, based on the findings of Arsenal, a reputed cyber-forensics agency based in the USA.
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Also read:
Pegasus Project: 161 Names Revealed By The Wire On Snoop List So Far (The Wire / Aug 4, 2021)
Leaked Data Shows Surveillance Net in Elgar Parishad Case May Have Crossed a Line (The Wire / Jul 18, 2021)

The SC’s decision to hear the Pegasus PIL is a momentous event for Indian democracy

The SC’s decision to hear the Pegasus PIL is a momentous event for Indian democracy

Free Press Journal / by FPJ Editorial

The Supreme Court’s decision to hear the Pegasus PIL, listed for this week, is a momentous event for Indian democracy but no one seems to be overly excited about it. Emotions vary from pessimism to cautious optimism, much like the way the story itself was received.
… Pegasus and other such spyware is not only used for surveillance but also for data mining and planting evidence, which is the plaint of renowned tribal rights activists, academics and their associates arrested in the Bhima-Koregaon case.
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Bombay HC Grants Bail To Surendra Gadling For Nine Days To Attend Mother’s Death Anniversary

Bombay HC Grants Bail To Surendra Gadling For Nine Days To Attend Mother’s Death Anniversary

Bombay High Court Grants Bail To Surendra Gadling For Nine Days To Attend Mother’s Death Anniversary

30/07/2021

Live Law / by Sahrmeen Hakim

The Bombay High Court on Friday allowed bail to Bhima Koregaon accused Advocate Surendra Gadling from August 13 to 21 to attend his mother’s death anniversary.
A division bench headed by Justice SS Shinde and NJ Jamadar pronounced the order.
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Bombay HC grants temporary bail to Surendra Gadling

30/07/2021

Bar & Bench / by Neha Joshi

Bench of Justice SS Shinde and NJ Jamadar granted bail from August 13 to August 21, 2021 to attend mother’s funeral rites.
Gadling had sought temporary bail from the Special Court on the ground that his mother had expired in August 2020 and he was required to join his family members to perform the last rituals.
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Bombay HC seeks Hany Babu’s health report from hospital after lawyer says his eye condition better

Bombay HC seeks Hany Babu’s health report from hospital after lawyer says his eye condition better

The Indian Express / by Express News Service

The court was hearing a petition by Hany Babu’s wife Jenny Rowenna seeking that the DU associate professor be released on bail on health grounds.
The Bombay High Court Thursday directed Breach Candy Hospital in the city to provide the latest health report of Delhi University associate professor Hany Babu, an accused in the Elgar Parishad case who is currently under treatment at a private hospital.
… The HC will consider the plea next on August 6.
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How 5 Reliance Workers Fighting For A Better Deal Found Themselves In Jail On Terrorism Charges

How 5 Reliance Workers Fighting For A Better Deal Found Themselves In Jail On Terrorism Charges

Article 14 / by Jyoti Punwani

For 15 years, these Mumbai contract workers struggled to be treated on par with regular workers and went from success to success, despite arrests and dismissals. Then the State used a law meant to be used against terrorists to incarcerate them with scant evidence of such crimes.
… So, long before the June 2018 arrests of six Left activists in what has come to be known as the Bhima Koregaon case, the Maharashtra Government’s narrative that the violence on 1 January 2018 was planned by “urban Naxals” was set into motion by the arrests of these workers. 
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Also read:
Bail After 3 Years for the Incarcerated Mumbai Electric Employees Union Workers (groundxero, June 2021)
Statement on release of four Reliance workers – First to be falsely implicated in Bhima Koregaon case (Sanhati India, January 2019)

Court asks NIA to submit draft charges in Elgar Parishad case

Court asks NIA to submit draft charges in Elgar Parishad case

Court asks NIA to submit draft charges in Elgar Parishad case

29/07/2021

India Today / by Vidya

The National Investigation Agency probing the Elgar Parishad case has been asked by a special court in Mumbai to submit draft charges against the accused on August 9.
The draft charges will be filed by the central agency against all the accused in the case before Special Judge Dinesh E Kothalikar.
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Teltumbde, Navlakha, Gonsalves approach special court, seek bail

27/07/2021

The Indian Express / by Express News Service

Anand Teltumbde, Gautam Navlakha and Vernon Gonsalves sent their applications from Taloja Central Jail where they are lodged and sought to be released temporarily citing their age and vulnerability to Covid-19.
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Anand Teltumbde, Gautam Navlakha, Vernon Gonsalves move NIA Court for temporary bail after HPC remommendation to decongest jails

27/07/2021

Bar & Bench / by Neha Joshi

Special Judge DE Kothalikar has now directed NIA to file their responses to these applications.
Bhima Koregaon accused Gautam Navlakha, Vernon Gonsalves and Dr. Anand Teltumbde have moved the Special Court, which hears cases under the National Investigation Agency (NIA) Act, for interim bail.
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Wilson, Sen ask Bombay HC to decide what is ‘legal electronic evidence’ under criminal law

Wilson, Sen ask Bombay HC to decide what is ‘legal electronic evidence’ under criminal law

Wilson, Sen ask Bombay HC to decide what is ‘legal electronic evidence’ under criminal law

27/07/2021

The Indian Express / by Express News Service

Their counsels, senior advocates Indira Jaising and Anand Grover, also told a division bench of Justices S S Shinde and N J Jamadar that there was no connection between the Elgaar Parishad event held on December 31, 2017, and the Koregaon Bhima violence that took place a day later.
Activists Rona Wilson and Shoma Sen, arrested in connection with the Elgaar Parishad case, urged the Bombay High Court on Monday to decide what was “legal electronic evidence” and stating the evidence relied upon by the probing agency was illegal as per law as it had been “planted”.
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Bhima Koregaon Violence Caused By Another Group: Jaising Argues Relying On Ex-CM’s Statements

26/07/2021

Live Law / by Sharmeen Hakim

The caste violence at Bhima Koregaon on January 1, 2018, was not caused by the “lawful” Elgar Parishad event held the previous day, and the case would not attract the stringent Unlawful Activities (Prevention) Act, researcher Rona Wilson told the Bombay High Court.
Senior Advocate Indira Jaising for Wilson submitted that she would be relying on two statements made by then Chief Minister Devendra Fadnavis in the Maharashtra Legislative Assembly.
… On Monday, a bench of Justices SS Shinde and NJ Jamadar began physical hearings in Wilson and professor Shoma Sen’s petitions under section 482 of the CrPC, Articles 226 and 227 of the Constitution of India, challenging the sanction to prosecute them under the UA(P) Act.
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Also read: Bhima Koregaon Case: Where Are The Hindutva Leaders Accused of Violence? (The Quint, July 12, 2021)