Elgar case: Retired prof moves HC over UAPA charges in Mumbai

MUMBAI: Retired professor Shoma Sen, an accused in the Elgar Parishad case, has filed a petition before Bombay high court to challenge her prosecution under the Unlawful Activities (Prevention) Act (UAPA). Accused of alleged Maoist links, Sen claims the case against her is based largely on electronic evidence and has cited a February 8, 2021, digital forensic report by US-based Arsenal Consulting to contend that it affirms her suspicion that evidence relied on by the prosecution is planted.
The prosecution had given co-accused Rona Wilson cloned copies of data it had seized from his computer during investigation. Wilson had, in turn, sent them to Arsenal Consulting last July. Police had cited “letters” found embedded in computers of some of the accused, including Wilson’s as evidence to prosecute them for offences under the UAPA.
A report by Arsenal said Wilson’s laptop was “compromised’’ and that “the attacker responsible” had “extensive resources (including time) and it is obvious that their primary goals were surveillance and incriminating document delivery”.
Sen’s petition is filed under Article 226 to invoke its extraordinary jurisdiction to do justice and also under CrPC Section 482 which empowers the HC to pass orders “to prevent abuse of process of any court or otherwise to secure the ends of justice”.