[Bhima Koregaon] Claims of evidence planted in device can be raised during trial: NIA to Bombay High Court in Rona Wilson and Shoma Sen plea

The National Investigation Agency (NIA) told the Bombay High Court on Wednesday that the allegation by Bhima Koregaon accused Rona Wilson and Shoma Sen that evidence was planted in their electronic devices, is an argument which can be raised before the trial court. .Wilson and Sen had approached the High Court seeking quashing of the chargesheet against them, alleging fraudulent evidence gathered by the National Investigation Agency (NIA).They placed reliance upon a report released by US-based forensic consulting firm, Arsenal Consulting to contend that incriminating documents relied upon by the prosecution were planted on their computers prior to the seizure..Additional Solicitor General Anil Singh appearing for NIA, opposed the maintainability of plea by Wilson and Sen. At the outset, ASG submitted that a petition under Section 482 of Code of Criminal Procedure (CrPC) was filed for quashing of criminal proceedings and in the present case the chargesheet. However, the petition did not have any pleadings pertaining to quashing of the chargesheet. .Instead, the petitioners had chosen to rely upon a report by an American forensic analysis firm, based on recommendation by the American Bar Association. "Not only were the whereabouts of the Association unknown, contending that the Arsenal report is more accurate than the report of the forensic analysis report of their agency is a factual dispute to be raised at the time of the trial," ASG submitted. ASG further added that relying upon an independent report to contend that the report of NIA is not reliable cannot be decided in writ jurisdiction..He also argued that the case before the Special NIA Court is at the stage of framing of charges, hence to raise factual contentions that incriminating material was planted in their device was premature. "Much water has flown under the bridge in Bhima Koregaon case. Bail pleas have been heard and disposed of, they have even gone up to Supreme Court. Now it is at the stage of framing of charges, and now they are praying for a stay on trial," he said..Concluding his preliminary submissions, ASG submitted that "if you (Wilson and Sen) are right and something is planted in your device and if what I (NIA) have submitted is not credible then it can be settled at the stage of trial and without the report.".A Bench of Justices SS Shinde and NJ Jamadar had raised this issue during the earlier hearing when it asked whether in a writ petition the court could go into the facts of the case. "One side will say whatever they have collected is right. The other side will say this is all manipulated; how do we settle that in a writ jurisdiction?".The Court will continue hearing the petition on August 27, 2021.