Elgar Parishad case: Rona Wilson writes to high court CJ for early hearing of discharge plea | Mumbai news - Hindustan Times
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Elgar Parishad case: Rona Wilson writes to high court CJ for early hearing of discharge plea

By, Mumbai
Sep 30, 2022 12:54 AM IST

Rona Wilson, an accused in the Elgar Parishad-Bhima Koregaon violence case, has requested the Chief Justice of Bombay high court to expedite the hearing of his discharge plea based on the report by an American digital consultancy firm

Rona Wilson, an accused in the Elgar Parishad-Bhima Koregaon violence case, has requested the Chief Justice of Bombay high court to expedite the hearing of his discharge plea based on the report by an American digital consultancy firm.

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He had approached the high court in February last year to quash the case against him and to issue directions for setting up a special investigation team headed by a retired supreme court or high court judge to conduct a forensic analysis of the electronic evidence the police claimed to have collected against the accused.

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On Thursday, Wilson’s lawyer Neeraj Yadav approached the special NIA (National Investigation Agency) court to allow him to sign a letter before the registrar. The court gave its permission and also directed the prison authority to send the letter to the high court Chief Justice.

The letter said “the hearing of his petition is continuously delayed for want of a bench of the high court. As evident from the court records almost five benches have chosen to recuse themselves from the petition/applications dealing with the said offence.”

Wilson pointed out that the apex court on August 18 directed the trial court to decide whether charges were to be framed against the accused within three months. “Hence, there is an urgency in hearing and disposing of the petition as it has an immediate bearing on framing of the charges.”

Wilson has moved the HC after a forensic analysis by the American digital consultancy firm, Arsenal Consulting, revealed that his computer was compromised and key evidence was planted on it. It also said that Wilson’s computer was infected with a malware which was allegedly planted through an email sent on June 13, 2016 - two years prior to his arrest on June 6, 2018. He has also sought compensation for malicious prosecution, harassment and defamation.

Vishrambaug police station in Pune had on January 8, 2018 registered an offence on the basis of a complaint lodged by one Tushar Damgude, a builder. He alleged that members of the Communist Party of India (Maoist) and Kabir Kala Manch spread hatred through provocative songs, plays and speeches delivered at Elgar Parishad held at Shaniwar Wada on December 31, 2017, which led to widespread violence at Bhima Koregaon the next day. One person lost his life while several others were injured.

The NIA took over the case in January 2021.

What the report says

The US firm conducted a forensic analysis on the clone copy of the electronic devices seized from Wilson’s house in April 2018 and concluded that his computer had been compromised for over 22 months and the incriminating documents - on the basis of which investigating agencies claimed that the group was conspiring to overthrow the Narendra Modi government - had been planted.

The report said on June 13, 2016 someone using the account of Varavara Rao, a co-accused in the case, had sent emails to Wilson and asked him to open one of the them. It was opened at 6.18 pm and soon after a remote access trojan was installed. The report said “while Wilson thought it was a link to a Dropbox, he was actually opening a link to a malicious command and control C2 server.”

In another report, Arsenal Consulting revealed that evidence was also planted on the computer of human rights lawyer Surendra Gadling, another accused. “Gadling’s computer was compromised for just over 20 months by the same attacker.”

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