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Can ‘Planted Malware’ Report Help the Accused in Court?

Can ‘Planted Malware’ Report Help the Accused in Court?

Can ‘Planted Malware’ Report Help the Accused in Court?

08/07/2021

The Quint / by Karan Tripathi

Bhima Koregaon accused can milk the Arsenal report to discredit the NIA’s entire case during the trial.
A day after the death of activist Father Stan Swamy, who had been under arrest in the Bhima Koregaon case under UAPA for alleged Maoist links, a report by Arsenal Consulting, an American forensic agency, has claimed that evidence was ‘planted’ on the computer of another activist, Surendra Gadling, another accused in the case, also currently under arrest.
The malware that targeted Gadling’s computer via emails also had several other Bhima-Koregaon accused, including Stan Swamy and Sudha Bhardwaj copied on the mails, Arsenal has claimed.
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Explainer: Arsenal Report on Surendra Gadling

06/07/2021

The Leaflet / by Nihalsing Rathod

In light of the recent revelation that the documents on Surendra Gadling’s computer, which has been used as evidence to arrest activists under the Unlawful Activities (Prevention) Act in the Bhima Koregaon case over the last three years were planted by hackers into the computer, Nihalsing Rathod explains what the report containing the revelation states, and answers questions that may cross one’s mind in light of this information.
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Surendra Gadling’s Computer Was Attacked, Incriminating Documents Planted: Arsenal Consulting

06/07/2021

The Wire / by Sukanya Shantha

Forensic digital investigations have raised serious questions about the Elgar Parishad investigation.
For over 20 months, lawyer and human rights defender Surendra Gadling’s computer was attacked and surveilled upon, and incriminating documents were planted on it. Gadling, one of the first people to be arrested among the 16 human rights activists, lawyers and academics in custody in the ongoing Elgar Parishad case, was cyber attacked since February 16, 2016 – two years before he was finally arrested on April 6, 2018. Fourteen significant documents, on the basis of which the National Investigation Agency (NIA) has held him in jail for over three years, were planted on his computer using a malware NetWire.
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Evidence found on a second Indian activist’s computer was planted, report says

06/07/2021

The Washington Post / by Niha Masih and Joanna Slater

The two activists were jailed in 2018 and accused of plotting an insurgency against the government. A new forensic report concludes they also shared something else: They were both victims of the same hacker who planted evidence on their computers.
The finding raises fresh doubts about a case that rights groups consider an effort to crack down on critics of Prime Minister Narendra Modi. More than a dozen activists have been imprisoned without trial under a stringent anti-terrorism law that rarely results in convictions.
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NDTV (July 6):
@OnReality_Check | “Indian government should name the attacker. We only analyse evidence put in our hands”: Mark G Spencer, President Arsenal Consulting, on #BhimaKoregaon case

en | 4:05min | 2021
Watch video

Cognizance Of Chargesheet Vitiated As Pune Judge Wasn’t Special Judge Under NIA Act? / 8 Accused Seek Bail

Cognizance Of Chargesheet Vitiated As Pune Judge Wasn’t Special Judge Under NIA Act? / 8 Accused Seek Bail

By LawBeat (July 15):
BombayHighCourt bench led by Justice SS Shinde to hear Lawyer-Activist Sudha Bharadwaj, accused in the #BhimaKoregaon – #ElgaParishad case seeking default bail contending that the trial judge was not authorised to take cognisance of the 2019 charge sheet against her.


Produce papers showing Pune judge was competent to pass orders, HC tells Maharashtra

08/07/2021

Scroll.in / by Scroll Staff

In a petition seeking default bail, activist Sudha Bharadwaj said that Sessions Judge KD Vadane was an additional judge and not a designated special judge.
The Bombay High Court on Thursday directed the Maharashtra government to produce documents to show that the judge who granted an extension to the Pune Police to file the chargesheet in the Bhima Koregaon violence case and took cognisance of it was authorised to do so, PTI reported.
… The court posted the matter for next hearing on July 15.
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Cognizance Of Bhima Koregaon Chargesheet Vitiated As Pune Judge Wasn’t Special Judge Under NIA Act? Bombay High Court To Examine

08/07/2021

Live Law / by Sharmeen Hakim

The Bombay High Court on Monday said that the Court’s records were consistent with lawyer-activist Sudha Bharadwaj’s RTI replies, according to which Additional Sessions Judge (Pune) Kishore Vadane was not appointed as a Special Judge under the NIA Act in 2018/2019.
“Record is the same as you had annexed under RTI,” Justice SS Shinde heading the division bench said at the beginning of the hearing.
The court also asked the State if it had anything additional to show that the judge was assigned the case back then.
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Judge who extended chargesheet deadline not special judge under NIA Act, reveals Sudha Bharadwaj’s lawyer

06/07/2021

The Free Press Journal / by Staff Reporter

Trade unionist, human rights lawyer and activist Sudha Bharadwaj through her advocate Yug Chaudhry claimed that the special judge, who extended the time to file chargesheet into the Bhima Koregaon violence case, and also took cognisance of the chargesheet, was not a special judge under the National Investigation Agency Act.
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Sudha Bharadwaj’s Bail Plea: Bombay High Court To Verify If Pune Sessions Judge Was Competent To Take Cognizance Of Chargesheet

06/07/2021

Live Law / by Sharmeen Hakim

The Bombay High Court said it would verify with the Registry if Additional Sessions Judge Kishor Vadane was a Special Judge under the National Investigation Agency (NIA) Act in 2018/2019 and if he was authorised to take cognisance of the Pune police’s charge sheet against the accused in the Bhima Koregaon Elgar – Parishad Case.
A division bench of Justices SS Shinde and NJ Jamadar heard Bharadwaj’s plea seeking bail in default Under Sections 439, 482 and section 167(2)(a)(i) of the Criminal Procedure Code read with section 43 D(2)of the Unlawful Activities Prevention Act. She has challenged two orders of Judge KD Vadane.
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8 accused in Bhima Koregaon seek bail as judge who rejected bail was not authorised

06/07/2021

The Hindu / by Sonam Saigal

Eight accused in the Bhima Koregaon caste violence case moved the Bombay High Court on Tuesday seeking bail on the ground that the special judge at Pune who rejected their default bail was not authorised to do so. Sudhir Dhawale, Rona Wilson, Surendra Gadling, Shoma Sen, Mahesh Raut, Varavara Rao, Vernon Gonsalves and Arun Ferreira filed the petition through advocate R. Sathyanarayanan.
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Also read: Bombay High Court Seeks Reply On Sudha Bharadwaj’s Plea For Default Bail In Bhima Koregaon Case (Live Law, June 2021)

NIA, govt asked to respond to Rona Wilson, Shoma Sen’s petition seeking SIT probe by July 1

NIA, govt asked to respond to Rona Wilson, Shoma Sen’s petition seeking SIT probe by July 1

NIA questions maintainability of plea by Prof Shoma Sen seeking quashing of charges

17/06/2021

The Leaflet / by Gahena Gambani

Earlier this year, the Bhima Koregaon case made international headlines, when The Washington Post reported that cybersecurity firm M/s Arsenal Consulting had analysed the laptops of some accused, and reached the conclusion that malware had been planted on the same, presumably with a view to frame the accused.
Soon after, Shoma Sen, an assistant professor and the head of the English Department at Nagpur University, an accused in the Bhima Koregaon matter, approached the Bombay High Court under Article 226 of the Constitution and Section 482 of the CrPC, praying for a quashing of the sanctions against her under the Unlawful Activities (Prevention) Act, 1967. A similar petition had also been filed by her co-accused, Rona Wilson.
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NIA, Maharashtra govt asked to respond to Rona Wilson, Shoma Sen’s petition seeking SIT probe by July 1

17/06/2021

FPJ / by Narsi Benwal

The Bombay High Court bench of Justices Sambhaji Shinde and Nizamoodin Jamadar on Thursday adjourned the hearing in the petitions filed by rights activists Rona Wilson and Shoma Sen till July 13. The bench has granted a last chance to the National Investigation Agency and Maharashtra government to file its response to the petitions by June 1.
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Bhima Koregaon: Marking three years since the first arrest

Bhima Koregaon: Marking three years since the first arrest


Click to enlarge posters

The Leaflet / by Nihalsing B Rathod

Recalling the first set of arrests made in the questionable Bhima Koregaon violence case almost exactly three years ago, Nihalsing B Rathod, in this first of a three-part series, recollects the personal horrors of trying to track Surendra Gadling in the immediate aftermath of his arrest, details the events leading to the arrest of five more activists in August 2018, and explains how basic tenets of criminal law were violated by the Pune Police in making these arrests.

The morning of June 6, 2018, gave me a horrific memory that perhaps will never fade. Early in the morning, I received a phone call that police were at the house of Advocate Surendra Gadling again. The memory of the raid of April 17, 2018, was still fresh.
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NIA Denies Hacking Rona Wilson’s Laptop / Objects to entertaining petition based on Arsenal Report

NIA Denies Hacking Rona Wilson’s Laptop / Objects to entertaining petition based on Arsenal Report

NIA Denies Hacking Rona Wilson’s Laptop In Bhima Koregaon Case; Says Arsenal Consulting Has No Locus To Give Opinion Of Sub-Judice Matter

01/05/2021

Live Law / by Sharmeen Hakim

The National Investigation Agency (NIA) has denied the report by digital forensics firm Arsenal Consulting, which concluded that incriminating material, including a conspiracy to kill the Prime Minister and overthrow the government, was planted on Elgaar Parishad – Bhima Koregaon accused, researcher Rona Wilson’s laptop.
The NIA made these claims in an affidavit to oppose interim relief to Wilson, stating his petition before the Bombay High Court was not maintainable.
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Rona Wilson can´t rely on Forensic Report by US firm to seek quashing of Case: NIA to Bombay High Court

01/05/2020

Bar & Bench / by Neha Joshi

The petitioner can rely upon the same only during the trial when evidence is led and not in a plea seeking quashing, the NIA submitted.
The forensic report by US firm, Arsenal Consulting cited by Bhima Koregaon accused Rona Wilson to claim innocence, is not part of the chargesheet and cannot, therefore, be relied upon by the accused to seek quashing of chargesheet, the National Investigation Agency (NIA) has told the Bombay High Court.
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NIA objects to entertaining petition based on Arsenal Consulting Report

30/04/2021

The Leaflet / by Nihalsing B Rathod

THE Bhima Koregaon case came into the spotlight again when The Washington Post made a sensational revelation that the electronic evidence being used against the activists in the Bhima Koregaon case was planted. It relied on the report prepared by a digital forensics firm, M/s Arsenal Consulting, which was approached by the defence lawyer of one of the accused, Rona Wilson, for examining an electronic copy of his seized laptop.
Wilson, who has been an under-trial in the Bhima Koregaon case since June 6th, 2018, recently approached the Bombay High Court, invoking Article 226 of the Constitution of India, and Section 482 of the Criminal Procedure Code, 1973, seeking the quashing of sanctions to prosecute him and others under the draconian Unlawful Activities (Prevention) Act, 1967.
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Also read: Why Sudhir Dhawale’s acquittal in a 2014 case of Naxal involvement is relevant to the Bhima Koregaon arrests (The Caravan, June 2018)

Telangana govt bans Revolutionary Writers Association, 15 other orgs

Telangana govt bans Revolutionary Writers Association, 15 other orgs

Siasat / by Yunus Y Lasania

The Telangana government on Friday banned 16 organisations, including the Revolutionary Writers Association, known as Virasam, claiming that these are frontal bodies of the banned Communist Party of India (Maoist), and are engaged in “tactics” that “wage war against the state”. The order was passed by chief secretary Somesh Kumar, with effect from March 30 this year.
… The Government Order also clearly states that the organisations are also being banned for demanding the release of Prof. GN Sai Baba, Rona Wilson, and writer Vara Vara Rao (who is from Virasam), who are all currently in prison with regard to the Elgar Parishad case, on allegations of conspiring to kill Prime Minister Narendra Modi. 
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Also read: Andhra govt, Centre ‘collude’ to repeat Bhima Koregaon type case against rights activists (Counterview, April 2021)

Planted Evidence: Bombay HC to Hear Rona Wilson, Shoma Sen’s Pleas on April 29

Planted Evidence: Bombay HC to Hear Rona Wilson, Shoma Sen’s Pleas on April 29

The Wire / by pti

The activists had moved the court alleging tampering of evidence in light of the reports published by US cyber forensic firm Arsenal Consulting.
The Bombay High Court on Thursday said it will hear the petitions filed by activists Rona Wilson and Shoma Sen in the Bhima Koregaon case on April 29.
The activists had moved the court alleging tampering of evidence in light of the reports published by US cyber forensic firm Arsenal Consulting and seeking that the charges against them be quashed.
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More Proof Of Planted Evidence On Rona Wilson’s Computer / More Damning Signs of Planted Evidence

More Proof Of Planted Evidence On Rona Wilson’s Computer / More Damning Signs of Planted Evidence

Forensics Firm Finds More Proof Of Planted Evidence On Rona Wilson’s Computer: Report

21/04/2021

Medianama / by Advait Palepu

In its second report, Massachusetts-based digital forensics firm Arsenal Consulting found that a malicious software used by an attacker had planted an additional set of files on prison rights’ activist Rona Wilson’s computer. The firm said that there was no evidence that Wilson interacted with these files and documents, which are cited by the National Investigative Agency (NIA) in its charge-sheet against Wilson and others in the Bhima-Koregaon case.
The Washington Post and The Reporter’s Collective were the first to report on the findings of Arsenal Consulting.
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In Bhima-Koregaon Case, More Damning Signs of Planted Evidence

21/04/2021

Article 14 / by Shreegiresh Jalihal/THE REPORTERS’ COLLECTIVE

A new report by a leading US digital forensic company offers ‘irrefutable’ proof of arrested activist Rona Wilson’s devices being hacked and explains how 22 files were planted. These files are key evidence in the Bhima-Koregaon case, where 16 academics, lawyers, artistes are imprisoned without bail or trial.
A new report from a US-based digital forensics company has said a hacker planted 22 “incriminating” files in activist Rona Wilson’s computer, days after violence in the Maharashtra town of Bhima-Koregaon in January 2018.
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Also read:
KEY EVIDENCE AGAINST JAILED ACTIVISTS PLANTED USING MALWARE, SAYS FORENSIC REPORT [READ REPORT] / VIDEO: PLANTED EVIDENCE? (Feb 2021)
Prison-rights activist Rona Wilson’s hard disk contained malware that allowed remote access (The Caravan, March 2020)

Why isn’t the government looking for the source of ‘Modi assassination’ malware on Wilson’s PC?

Why isn’t the government looking for the source of ‘Modi assassination’ malware on Wilson’s PC?

Scroll.in / by N Venugopal

It wants to trace the originator of unlawful messages on apps like WhatsApp, but isn’t doing the same in the Bhima Koregaon case.
On February 25, the Union government notified the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. Unlike the IT Rules of 2011, the new regulations include video streaming platforms and online news portals within their ambit.
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Laws Around Electronic Evidence Compromise India’s Criminal Justice System

Laws Around Electronic Evidence Compromise India’s Criminal Justice System

article14 / by Mani Chander

Police and investigative agencies currently claim unfettered access to your WhatsApp, private emails or chats with your doctor, lawyer or psychologist. Can they force you to unlock your phone and disclose passwords? In the absence of clear laws, they do what they wish.

Seize All You Can? The Bhima-Koregaon Case
Recent cases indicate that investigating agencies often search and seize records without demonstrating probable cause, necessity or proportionality.
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