Elgar Parishad case: Ferreira seeks copy of order permitting email interception

Updated on Jul 30, 2022 02:04 AM IST

Notably, the prosecution has been relying upon these emails to prove ‘deep routed conspiracy’ by the accused to destabilize the government.

While arguing his plea on Friday, Ferreira said that the court has scheduled the case for framing of charges hence before the trial began, he should be provided with a copy of the order. (PTI)
While arguing his plea on Friday, Ferreira said that the court has scheduled the case for framing of charges hence before the trial began, he should be provided with a copy of the order. (PTI)

Arun Ferreira, one of the accused in the Elgar Parishad case, on Friday alleged that the email recovered from the devices of accused Rona Wilson, by the prosecution was illegally intercepted without any valid authorisation. In his plea, Ferreira claimed that as the prosecution was relying on the evidence, he needed to have a copy of the order authorising the agency to intercept the alleged emails. Notably, the prosecution has been relying upon these emails to prove ‘deep routed conspiracy’ by the accused to destabilize the government.

Ferreira had moved a plea last month stating, “That electronic (email) communication between “Sreelal@riscup.net” and “lokayan2015@riseup.net” was intercepted by the Investigation Agency (Pune Police) on 9-07-2010, 14-07-2018, 6-08-2018 and 12.08.2018 and the material derived therefrom is being lead as evidence by the prosecution.”

While arguing his plea on Friday, Ferreira said that the court has scheduled the case for framing of charges hence before the trial began, he should be provided with a copy of the order.

“As per the panchnama and dates on the emails, these emails have been downloaded within an hour of being sent to the other email id, which is allegedly of one of the absconding accused. This falls under the definition of interception under IT Act,” Ferreira argued.

The prosecution, however, denied that these emails were intercepted. “The emails and contents have been downloaded at the time of the investigation. They were downloaded and not intercepted. Hence, there is no question of authorisation.”

In its reply, NIA claimed, “during the course of investigation electronic devices seized from Rona Wilson were sent to FSL for forensic examination. The data were analysed and accordingly found the username i.e. email ID sreelal@riseup.net and its password.”

Seeking rejection of the plea by Ferriera, the reply states, “The Investigation officer then conducted a further investigation in presence of two independent witnesses with the help of a cyber expert and downloaded the communication of the email between sreelal@riseup.net and lokayan2015@reiseup.net in CD-R following due procedure on 04.07.2018, 14.07.2018, 06.08.2018 and 12.08.2018.”

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  • ABOUT THE AUTHOR

    Charul Shah is senior reporter covering the legal beat for Hindustan Times. She has spent over a decade in the industry covering criminal investigations and judiciary from Mumbai, Ahmedabad and Bengaluru.

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