Emails intercepted sans valid authorisation, says accused in Elgar case

IN HIS PLEA, ARUN FERREIRA CLAIMED THAT SINCE THE PROSECUTION WAS RELYING ON THE EVIDENCE, HE NEEDED TO HAVE A COPY OF ORDER AUTHORISING INTERCEPTION OF ALLEGED EMAILS

Arun Ferreira, one of the accused in Elgar Parishad case, on Friday alleged that the email recovered from the devices of accused Rona Wilson by the prosecution was intercepted without any valid authorisation.

In his plea, Ferreira claimed that since the prosecution was relying on the evidence, he needed to have a copy of the order authorising the agency to intercept the alleged emails.

The prosecution has been relying upon these emails to prove ‘deep-rooted conspiracy’ by the accused to destabilise the government, but the provenance of some of these documents have been brought into question by independent technical analysts, who have suggested these may have been planted after the devices being hacked.

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- 082018 and 12.08.2018 and the material derived therefrom is being lead as evidence by the prosecution.”

“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,” the prosecution argued.