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Tag: Surendra Gadling

Presence of Over 60 Women in Leaked List Highlights ‘Bodily Violation’ Posed by Spyware

Presence of Over 60 Women in Leaked List Highlights ‘Bodily Violation’ Posed by Spyware

The Wire / by Sukanya Shantha

The telephone numbers of more than 60 women – homemakers, lawyers and school teachers, journalists, scientists, civil servants and even friends of politicians – figure in the leaked database of probable surveillance targets selected by an Indian agency that uses Pegasus spyware, a count by The Wire has established.
The names of some of these women have already been published in earlier stories; the identities of others have been withheld at their request.
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Also read: Leaked Data Shows Surveillance Net in Elgar Parishad Case May Have Crossed a Line (The Wire, July 18, 2021)

Bombay HC to decide on temporary bail to Surendra Gadling on July 26

Bombay HC to decide on temporary bail to Surendra Gadling on July 26

Bombay HC to decide on temporary bail to Surendra Gadling on July 26

22/07/2021

Free Press Journal / by Urvi Mahajani

The Bombay high court will decide on July 26 the application filed by human rights lawyer Surendra Gadling who is accused of his involvement in the Bhima Koregaon violence case, to perform last rights of his mother on her first death anniversary on August 15.
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Reason for seeking temporary bail daos not survive: NIA opposes Surendra Gadling´s temporary bail plea in Bombay High Court

22/07/2021

Bar & Bench / by Neha Joshi

Gadling had sought temporary bail from the Special NIA Court on the ground that his mother had expired in August last year but the same was dismissed by the special NIA court leading to the appeal before High Court.
The National Investigation Agency (NIA) has asked the Bombay High Court to dismiss the appeal filed by Bhima Koregaon accused Surendra Gadling seeking temporary bail, as the ground cited by Gadling regarding his mother’s demise does not survive anymore (Surendra Gadling v. National Investigation Agency)
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Also read: Surendra Gadling’s Computer Was Attacked, Incriminating Documents Planted: Arsenal Consulting (The Wire, July 6, 2021)

Plea against transfer of Bhima Koregaon probe from State Police an obstacle: NIA to Bombay HC

Plea against transfer of Bhima Koregaon probe from State Police an obstacle: NIA to Bombay HC

Plea against transfer of Bhima Koregaon probe from State Plice an obstacle: NIA to Bombay HC

13/07/2021

Bar & Bench / by Neha Joshi

The plea challenging the transfer of probe in the Bhima Koregaon case from Pune Police to the National Investigation Agency (NIA) is an exercise is to impede and cause obstacles in the process of investigation by central agency, the NIA submitted before the Bombay High Court.
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NIA tells HC that Bhima-Koregaon case given to it because of ‘gravity of offence’

13/07/2021

The Hindu / by Sonam Saigal

NIA tells HC that Bhima-Koregaon case given to it because of ‘gravity of offence’
The National Investigation Agency (NIA) on Tuesday told the Bombay High Court that, “considering the gravity of the offence and its inter-State link and implications on national security, the Central government had suo motu directed the NIA to take up the investigation” in the Bhima-Koregaon case.
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Also read: Petition filed in Bombay High Court challenging transfer of case investigation to NIA (The Leaflet, June 2020)

Arsenal Report Can’t Be Relied Upon, Pune Police Opposes Rona Wilson’s Plea

Arsenal Report Can’t Be Relied Upon, Pune Police Opposes Rona Wilson’s Plea

Arsenal Report Can’t Be Relied Upon, Pune Police Opposes Rona Wilson’s Plea Alleging Planting Of Materials

13/07/2021

Live Law / by Sharmeen Hakim

The Pune police that was stripped of the investigations into the Bhima-Koregaon Elgar-Parishad case by the Union government in January 2020, has filed an affidavit on the same lines as the National Investigation Agency(NIA) opposing activist Rona Wilson’s petition seeking to quash the case before the Bombay High Court.
The affidavit filed by Deputy Commissioner of Police Shrinivas Muralidhar Ghadge seeks dismissal of Wilson’s petition on grounds of maintainability, including stating that the report by USA based Arsenal Consulting is not admissible as it is not a part of any of the charge sheets filed by the investigating agencies.
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Pune Police opposes Rona Wilson’s plea alleging ‘planted’ evidence, calls it ‘premature’

13/07/2021

The Indian Express / by Express News Service

The Pune Police said the forensic report of the US-based consultancy was not a part of the chargesheet and can be looked into by the trial court and need to be dealt with currently by the high court.
The Pune Police has recently opposed a petition filed by Rona Wilson, an accused in the Elgaar Parishad case, seeking to quash a chargesheet filed against them claiming the charges levelled were based on material that was allegedly planted on electronic devices of the activist.
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Also read: Surendra Gadling’s Computer Was Attacked, Incriminating Documents Planted: Arsenal Consulting (The Wire, July 7)

Govt Can Find Out Who Planted Documents, Says Cyber Expert

Govt Can Find Out Who Planted Documents, Says Cyber Expert

The Quint / by Poonam Agarwal

An attack of this nature requires intelligence, time and money, said Sandeep Shukla.
“It should be noted that this is one of the most serious cases involving evidence tampering that Arsenal has ever encountered…” Excerpts from Arsenal Consulting forensic report
That’s what President Mark Spencer of Arsenal Consulting, the US-based forensic agency, said about the agency’s latest report that reveals that incriminating evidence was planted in the computer of Surendra Gadling, who was arrested under UAPA (Unlawful Activities (Prevention) Act) for alleged links with banned CPI (Maoist) group in the Bhima Koregaon case.
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Also read: Explainer: Arsenal Report on Surendra Gadling (The Leaflet, June 7, 2021)

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)

Advocate Gadling, accused in Bhima Koregaon case, moves HC for bail

Advocate Gadling, accused in Bhima Koregaon case, moves HC for bail

Advocate Gadling, accused in Bhima Koregaon case, moves HC for bail

06/07/2021

The Hindu / by Special Correspondent

In appeal against temporary bail application rejection by additional sessions judge, Pune
Advocate Surendra Gadling, an accused in the Bhima Koregaon caste violence case, recently moved the Bombay High Court in appeal against the rejection of his temporary bail application.
He was arrested on June 6, 2018, by the Pune Police and is currently lodged at the Taloja Central Jail. On November 6, 2018, his bail application was rejected by additional sessions judge, Pune. He then filed the bail application in the High Court.
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Bhima Koregaon Accused Challenges NIA Court’s Refusal To Allow Him To Join Family For Mother’s Last Rites

06/07/2021

Live Law / by Sharmeen Hakim

The Bombay High Court on Monday heard Bhima Koregaon- Elgar Parishad Case accused – Advocate Surendra Gadling’s plea challenging the Special NIA Court’s order refusing him temporary bail for his mother’s last rites in 2020.
Gadling was arrested on June 6, 2018. This day, three years ago. He faces charges under sections 121, 121A, 124A, 153A, 505(1)(b), 117, 120b r/w 34 of the IPC and sections 13,16,17,18,18-B,20,38,39 and 40 of the UAPA along with 14 other activists. Father Stan Swamy, the 16th accused to be arrested, passed away yesterday.
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Covid-ve, yet Surendra Gadling kept in quarantine barrack: Wife

Covid-ve, yet Surendra Gadling kept in quarantine barrack: Wife

The Times of India / by George Mendonca

Wife of an Elgar Parishad case accused, Surendra Gadling (53), who is lodged in Taloja prison, has alleged that jail authorities have kept her husband in unhygienic conditions in the quarantine centre in a cramped space, despite Gadling testing negative for Covid on May 31.
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Also read: In Maharashtra, Prison Quarantine Centres Are More Harrowing than Main Jail Barracks (by Sukanya Shantha, June 2)

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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