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Category: Persecution

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)

HC Reserves Order On Surendra Gadling’s Bail Plea To Attend Mother’s Death Anniversary

HC Reserves Order On Surendra Gadling’s Bail Plea To Attend Mother’s Death Anniversary

Live Law / by Sharmeen Hakim

The Bombay High Court on Monday reserved for orders the temporary bail appeal of Bhima Koregaon- Elgar Parishad Case accused – Advocate Surendra Gadling to perform his mother’s funeral rites on her first death anniversary on August 15, 2021.
A division bench of Justices SS Shinde and NJ Jamadar said they would pronounce the order on July 30 2021, after hearing submissions from Senior Advocate Indira Jaising for Gadling and advocate Sandesh Patil for NIA.
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NIA opposes default bail pleas of eight accused

NIA opposes default bail pleas of eight accused

NIA opposes default bail pleas of eight accused

25/07/2021

The Indian Express / by Express News Service

A division bench of Justice S S Shinde and Justice N J Jamadar was hearing the plea filed by Sudhir Dhawale, Mahesh Raut, Vernon Gonsalves, Arun Ferreira, Rona Wilson, Shoma Sen, Surendra Gadling and Varavara Rao.
The National Investigation Agency (NIA) on Friday opposed the plea filed by eight accused in the Elgaar Parishad case challenging the June 2019 order of the Pune sessions court rejecting their default bail pleas.
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May Be An Irregularity, Not An Illegality: Maharashtra Govt On Special NIA Court Not Taking Cognizance Of Case

23/07/2021

Live Law / by Sharmeen Hakim

The Maharashtra Government and the National Investigation Agency on Friday continued their arguments opposing Bhima Koregaon-Elgar Parishad accused Sudha Bharadwaj’s default bail application.
The State submitted that in her entire petition Bharadwaj hasn’t averred at a single place that she was “denied justice” because a sessions court, and not a special court under the NIA Act, took cognisance of the chargesheet against her and and other accused on February 21, 2019.
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If Court is not empowered to take cognizance, does not mean proceedings can be set aside: NIA to Bombay High Court

23/07/2021

Bar & Bench / by Neha Joshi

An affidavit stating the same was filed before the High Court in the petition filed by eight accused in the Bhima Koregaon case challenging the order refusing bail.
Merely because a court is not empowered by law to take cognizance and yet does so in good faith does not mean that the proceedings should be set aside on that ground alone, the National Investigation Agency (NIA) submitted before the Bombay High Court in the Bhima Koregaon case.
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Judicial inquiry into Stan Swamy’s death yet to be initiated: State in Bombay HC

Judicial inquiry into Stan Swamy’s death yet to be initiated: State in Bombay HC

+++ The Court posted the case for further hearing on August 4, 2021 +++

Judicial inquiry into Stan Swamy’s death yet to be initiated: State in Bombay HC

23/07/2021

The Indian Express / by Sadaf Modak

Oral comments made on Swamy, withdrawn by the court after ASG submitted they were ‘twisted’ on social media and by the press.
The Maharashtra government informed the Bombay High Court on Friday that a judicial magisterial inquiry into the death of Father Stan Swamy is yet to be initiated.
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Bombay High Court Withdraws Oral Praise For Late Father Stan Swamy After NIA Objection

23/07/2021

Live Law / by Sharmeen Hakim

The Bombay High Court on Friday withdrew its oral statements in praise of late tribal rights activist -Father Stan Swamy and his work – after the National Investigation Agency raised objections during his bail hearing posthumously.
Justice SS Shinde, however, said that even judges are human beings and the news of Father Swamy’s death on July 5 was sudden. Moreover, the court had added a rider that it wasn’t making any comment on Father Swamy’s incarceration or arrest under the Unlawful Activities (Prevention) Act.
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