free them all

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)

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)