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

05/08/2021 Asha

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. …

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

05/08/2021 Asha

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

04/08/2021 Asha

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)

Book release: I am not a Silent Spectator. An Autobiographical Fragment, Memory and Reflection

04/08/2021 Asha

I am not a Silent Spectator – Why Truth has become so bitter, Dissent so intolarable, Justice so out of reach

An Autobiographical Fragment, Memory and Reflection

04/08/2021

Indian Social Institute, Bangalore / by Stan Swamy

Edition: Aug 2021
Publisher: Indian Social Institute, Bangalore
Language: English
Paperback: 149 pages

Access a free PDF copy of the book here

Video: Book release. I am not a Silent Spectator – An Autobiographical Fragment, Memory and Reflection

03/08/2021

en / hindi | 2h | 2021

By Jamshedpur Jesuits

Release of Fr Stan Swamy’s Memoir at XISS, Ranchi, Jharkhand
03 August 2021

Watch video

Bangalore Protests against Sedition, UAPA and demand Justice for Stan Swamy

03/08/2021 Asha

Gauri Lankesh News / by Gauri Lankesh News Desk

Father Stan Swamy is seen as a guiding figure who has served as an inspiration to many encouraging them to pick up and fight for good causes.
Bengaluru: Protests demanding repeal of regressive laws like UAPA, sedition and justice for Father Stan Swamy took place near the Gandhi Statue at Maurya Junction on Tuesday. The demonstration was organized by The National Action to Defend Democracy to protect the citizens’ right to dissent.
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They say, ‘Truth will finally prevail’. But how long is it going to take? – Anthology of writings by the late Stan Swamy

03/08/2021 Asha

Article14 / by Stan Swamy

Exclusive excerpts from ‘I Am Not A Silent Spectator’, an anthology of writings by the late Father Stan Swamy, Jesuit sociologist and at 84 the oldest accused, when he died on 5 July 2021 after nine months in custody in the Bhima-Koregaon case. He writes about his life with Adivasis & their struggles against injustice, & the case against him and more.
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I am not a Silent Spectator – Why Truth has become so bitter, Dissent so intolarable, Justice so out of reach.

An Autobiographical Fragment, Memory and Reflection

Edition: Aug 2021
Publisher: Indian Social Institute, Bangalore
Language: English
Paperback: 149 pages

Access a free PDF copy of the book here

Digital evidence in the shadow of Pegasus

03/08/2021 Asha

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)

Report: LRS Webinar on the Unlawful Activities Prevention Act (UAPA)

02/08/2021 Asha

By Lok Raj Sangathan

Over a hundred and fifty people from all over India, and a few Indians abroad too, participated in an online event organised by Lok Raj Sangathan on the pressing issue of the draconian UAPA.
It began with a presentation explaining the history of the UAPA and other similar laws like TADA and POTA. It showed how authoritarian laws were made more repressive over the years; explained the provisions in the UAPA at present which render it totally brutal and violative of basic human rights.
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The SC’s decision to hear the Pegasus PIL is a momentous event for Indian democracy

02/08/2021 Asha

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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Maharashtra: Activists, Lawyers Added to ‘Union War Book’, Listed as ‘Enemies of the State’

31/07/2021 Maya

Maharashtra: Activists, Lawyers Added to ‘Union War Book’, Listed as ‘Enemies of the State’

31/07/2021

The Wire / by Sukanya Shantha

While the exercise is carried out on the Union home ministry’s directive, the discretion of adding names and profiling people is entirely that of the state.
Even as several human rights activists and lawyers in Maharashtra face harassment, arrests and police cases, the state police has made things worse by adding them to the list of “enemies” as mentioned under the Union home ministry’s “Union War Book”.
In a detailed district-wise operation, the state’s home department along with the intelligence department has identified many human rights activists, lawyers, and academics and has begun the work of profiling them, almost like criminals, adding them to the ‘Union War Book’.
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City lawyer representing Bhima Koregaon case accused allege breach of privacy, writes top Maha officials

28/07/2021

Nagpur Today / by Nagpur Today

A Nagpur-based lawyer Nihalsing B Rathod has sent a legal notice to high-ranking police officials of the state government and the Additional Chief Secretary alleging his profiling, surveillance and breach of privacy at the hands of the state police.
Rathod is representing some of the accused in the Bhima Koregaon case and was allegedly subject to surveillance last year by Pegasus spyware. He was informed by Whatsapp that his phone had been bugged using Pegasus.
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Maharashtra is adding activists to a secret list of the enemies of state

26/07/2021

Newslaundry / by Prateek Goyal

A lawyer, a college professor and the wife of an accused in the Bhima Koregaon case haven been added to the Union War Book suspect list.
On July 7, at around 11 am, Nihal Singh Rathod, a human rights lawyer, received a call from a constable at the Pratap Nagar police station in Nagpur, Maharashtra. She had been directed by the police’s Special Branch to collect information about Rathod, the constable told him. No problem, Rathod said.
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