Refuting a report prepared by M/s. Arsenal Consultancy suggesting that “fake evidences” were planted into the laptop of Rona J Wilson, a human rights activists and one of prime accused in the sensitive Bhima-Koregaon case, the NIA has told the Bombay High Court that the US digital forensics firm has no locus-standi to give such opinion without the court’s permission.
In an affidavit filed in the high court, the NIA contested the report prepared by the M/s. Arsenal Consultancy, in which the US digital forensics firm had claimed that Wilson’s laptop was hacked and 10 “incriminating” letters planted in it ahead of his arrest on April 17, 2018.
The letters, recovered purportedly from Wilson’s laptop, had among other things alleged that a conspiracy had been hatched to kill the Prime Minister of India and overthrow the government.
Opposing an interim relief to Wilson, the NIA stated in its affidavit filed before the Bombay High Court that the application filed by Wilson before the Bombay High Court in February this year on the basis of M/s. Arsenal Consultancy’s claims, was not maintainable.
In an application on February 10 this year, Wilson had urged the high court to a Special Investigation Team (SIT) to look into the “fake evidences” planted into his computer ahead of his arrest in the case, and sought dismissal of the case against him.
Citing the report prepared by M/s. Arsenal Consultancy to suggest that his laptop had been hacked and 10 letters planted in it ahead of his arrest, Wilson had alleged that the NIA had used to make out a case against him other activists arrested in the famous Bhima-Koregaon case.
Among other things, Arsenal Consulting – which the human rights activist had cited to seek an interim relief -- had claimed in its report that not only Wilson’s computer was ‘attacked and compromised’ from June 13, 2016 for over 22 months, but similar malware attacks were made on even other accused in other high-profile Indian cases.
On the basis of M/s Arsenal Consulting’s report, Wilson had sought a stay on the proceedings in the case and his immediate release as an interim relief.
In its affidavit filed before the high court, the NIA claimed that M/s Arsenal Consulting had no locus to give any opinion in the case at a time when Wilson and 15 other civil rights activists and academics were being tried for charges under the stringent Unlawful Activities (Prevention) Act, 1967 (UAPA).
“When the trial is pending and is sub-judiced before this court M/s. Arsenal Consultancy have no locus-standi to give such an opinion without permission of this Hon'ble Court," NIA’s Superintendent of Police Vikram Khalate stated in his affidavit.
The NIA told the high court that it was for Wilson to explain how his laptop came to be allegedly hacked, when it was under his control and that the latter could not blame the investigating agencies that came into the picture much later.
Terming Wilson's petition is "vague", the NIA stated that the petition did not mention the name of the cyber attacker's name, who might have planted evidence on his laptop.
The high court will now hear Wilson’s plea seeking interim relief on May 4.
It may be recalled that the scanned copies of 10 “incriminating” letters were among the virtual and physical documents recovered by the investigators during their simultaneous raids conducted by the investigators on April 17 2018 ahead of the arrest of Wilson and other accused in the case.
Apart from Wilson, another 15 persons were arrested in 2018. The arrested persons included P Varavara Rao, Sudhir Dhawale, Surendra Gadling, Anand Teltumbde, Gautam Navlakha, Jyoti Jagtap, Ramesh Gaichor, Shona Sen, Arun Ferreira, Sagar Gorkhe, Mahesh Raut, Sudha Bharadwaj, Vernon Gonsalves, Fr. Stan Swamy and Hany Babu. They are being tried under the dreaded UAPA Act, 1967.
On the basis of one of the allegedly incriminating letters seized from Wilson’s computer, the Pune police had claimed that the CPI (Maoist) had hatched a “conspiracy" to “overthrow” the Government and “target” the country’s highest political functionary.
The letter, written by “R” (which the investigators suspected might be Rona Jacob himself) and addressed to one comrade Prakash, stated: “We are thinking along the lines of another Rajiv Gandhi-type incident. It sounds suicidal and there is a good chance we might fail but we feel the party must deliberate over our proposal. Targeting his road shows could be an effective strategy. We collectively believe that survival of the party is supreme to all sacrifices”.
The letter also talks about the requirement of Rs 8 crore to procure M-4 rifles as an annual supply and four lakh rounds of ammunition.
Among other things, the letter stated: “Modi-led Hindu fascist regime is bulldozing its way into the lives of indigenous adivasis, in spite of big defeats like Bihar and West Bengal. Modi has successfully established BJP govt in more than 15 states. If this pace continues then it would mean immense trouble for the party on all fronts. Greater suppression of dissent and more brutal form of Mission 2016 (OGH). Com. Kisan and few other comrades have proposed concrete steps to end Modi-raj”.
“Defeating Hindu fascism has been our core agenda and a major concern for the party.... We are trying to consolidate ties with like-minded organisations, pol. parties, representatives of minorities across the country,” the letter stated.
The arrests of “Maoist-linked” activists were made under the FIR registered on January 8, 2018 at the Pune’s Vishram Baug Police Station in connection with the Elgar Parishad organised on December 31, 2017 by the leftist outfit Kabir Kala Manch (KKM) and Republican Panthers Party ahead of the January 1, 2018 Bhima-Koregaon riots.
It may be recalled that on January 1, 2018, one Rahul Phatangale (28), a Dalit, was killed and another 40-odd vehicles and some other property were damaged after some miscreants attacked Dalits celebrating the January 1, 1818 victory of British troops over Peshwa Bajirao II's army at Bhima-Koregaon in Pune district of western Maharashtra. Following the incident, Maharashtra had witnessed large-scale Dalit protests which turned violent at some places.