MUMBAI: The US digital forensics firm has no legal ground to give its opinion unless sought by the court, the state has told Bombay high court on Arsenal Consulting’s claim that evidence was “planted” on the personal computer of Elgar Parishad/Bhima Koregaon accused Rona Wilson.
“When the trial is pending and is sub-judice, M/s Arsenal Consulting has no locus standi to give such opinion without permission of the court,’’ said the reply filed by Pune police on July 1 on Wilson’s plea to quash the FIR and chargesheet against him citing Arsenal’s report.
The reply said Pune police conducted similar searches on all accused and did not follow a different procedure for Wilson. In January 2020, the investigation was transferred to the NIA. The reply said Wilson states his computer was attacked while in his possession and 22 months before registration of FIR in January 2018, it means “that the alleged attack had taken place even before the prosecuting agencies had come into the picture.” “This being the position, the contention of the petitioner that he is innocent and is framed by the prosecuting agency is totally incorrect and as such deserves to be ignored,” it added.
The reply said Wilson’s contentions are “entirely based” on Arsenal’s report which is not part of the chargesheet and cannot be relied upon. “This report does not form part of the chargesheets filed by the respondent (Pune police) and National Investigation Agency and hence, there is no question of looking into it.” Urging dismissal of Wilson’s petition as it lacks merit, the state said if Wilson wanted to rely on Arsenal’s report, “the only avenue available to the petitioner is at the time of leading evidence during trial.”
A bench of Justice S S Shinde and Nijamoodin Jamadar on Tuesday posted the matter for physical hearing on July 26.
In a related case where transfer of probe to NIA is challenged by accused lawyer Surendra Gadling and poet-publisher Sudhir Dhawale, NIA told HC their accusations are a desperate attempt to thwart an ongoing investigation. It said casting mala fide against the NIA over indulging in procuring false, fabricated and manufactured evidence is a direct attack on the criminal justice system.
