[《... Having gained control over the computers, the police began producing
preposterous letters that have been trashed by numerous experts including
Ajay Sahni, Executive Director, Institute of Conflict Management, the think
thank that is supposed to be the repository of knowledge on terrorism,
Maoism, and other such subversive activities. But the police, emboldened by
the vocal support from their political masters, persisted with their
mendacious theories.
These letters, written in an essay style in chaste English, providing
detailed information of the plots against the state, using the full names
of real people, some with their telephone numbers, woven into
half-imaginary information. I have been implicated based on a letter that
the police read out at a press conference. The letter is constructed on the
basis of my having attended a conference organised by the American
University in Paris with the information that was available on the
institution’s website.》

And this is what Ajai Sahni, from the lnstitute of Contlict Management, in
an article on the South Asia terrorism portal -  South Asia Intelligence
Review", Vol. 17, No. 10, on
03 09 2018, has, rather brilliantly, noted as regards the leaked "letters":

The elaborate docunents "recovered from the alleged consprirators,
specifically named, which "expose' cririnal conspiracies explicitly to
assassinate the Prime Minister,
overthrow tlhe state, acquire and transport large quantities of weapons and
ammunition, and channelize funds (specifically
sourced during the de-monetization exercise) for violent operations, have
all the hallmarks of mischievous fabrication. Reports indicate that no
integrity of process has been mainairred during the seizure of the
electronic equiprent (computers, cell phones, etc.) during the raids and
arrests, from which these documents have supposedly been extracted,
and it is unlikely that these letters (yet to be placed before the Courts,
but wdely circulated in the media) will stand up to judicial scrutiny.
Crucially, the language, content and character of this purported
"correspondence' militates against everything
that is known about the Maoists/"

He further writes,
"An obsession withsecrecy is quintessential to all Maoist activity. For
instance, in the guiding CPI-Maoist operational manual, Strategy & Tactics
of the Indian Revolution, the words   "secret' and "secrecy; occur at least
35 tines, enphasizing that,
-the Party has to function through secret methods, very cautiously, with an
organisational structure impregnable to the
enerry." As a result, in the large body of documents recovered from the
Maoists over the years, collaborators, conspirators or targets are never
mentioned by name. Such references are irvariable made in code, through
mutually understood symbols
and markers. Nor are materials requisitiened or acquired are mentioned by
name; bullets may be "magazines'; guns could be "books'; detonators,
"pencils' or "dot pens''; explosives, "soda' or "cement'. The lexicon,
undergoes frequent elaboration and change, particularly when specific
operational plans are being conmrnicated."

For how the police blatantly lied, flouting the relevant Supreme Court
guidelines, to mislead those raided, here's an illustration:

<<Worse was to come in the form of the ‘panchnama’ also prepared in Marathi
(being a document of the proceedings of the raid prepared on the spot,
there was no English version to conceal) which was placed before the victim
for his signature. Satya had begun to insist since the afternoon when they
first told him about it that he would not sign the panchnama without
hearing a translation of the text by someone of his choice. They only
relented when they saw that they couldn’t get his signature otherwise. As
the flat was located in the faculty housing complex of a university, it was
not difficult to find a reader of Marathi who was finally allowed to enter.
And in the text that was purportedly a record of the details of the raid,
***it was stated that Varavara Rao was found in the flat*** [emphasis
added]! When our Marathi-speaking friend explained this to Satya and he
asked the police how they could write such a thing, they did not bat an
eyelid but offered to rewrite it to say that he stays at this place
occasionally.>>
(Ref.: 'The Role of Language in the Arrest of Activists by Pune Police' at <
https://thewire.in/rights/activists-arrests-pune-police-language>.)]

https://scroll.in/article/894063/anand-teltumbde-how-the-pune-police-are-using-fabricated-letters-to-claim-i-am-an-urban-maoist

Anand Teltumbde: How the police can fabricate evidence to suggest that
anyone is an ‘urban Maoist’
The writer and management professor says that the authorities are planting
fake evidence on computers so that they can jail dissidents.

Anand Teltumbde (centre) at a press conference in Mumbai. | HT Photo

Yesterday · 08:37 am

Anand Teltumbde

The Pune Police has been brandishing letters ostensibly extracted from the
hard disk confiscated from activist Rona Wilson during the raid on his home
on June 6. Computers have come handy for the police to produce virtually
anything, quite like Satya Saibaba’s vibhuti, to implicate anyone and to
harass them for a number of years as dreaded criminals, without an iota of
misdoing. Even the inventors of computer systems could probably not have
imagined that their creations would find such a vile application in the
hands of the unscrupulous Indian police to destroy the lives of innocent
people.

The case of activist Arun Ferreira who was arrested in Nagpur in May 2007
and projected as “the leader of the propaganda and communications wing of
the banned CPI (Maoist)” in 2007, but was acquitted of all charges in 2014,
is a case in point. The current episode of “urban Maoists” can be seen as a
rehash of that script. At the time, the police said they had recovered a
pen drive from Ferreira. This device was projected in the media in a manner
such that gullible people would believe it was a deadly weapon. It helped
the police to construct a story that Ferreira with his co-accused were
plotting to blow up the grand stupa at the Diksha Bhumi in Nagpur.

Since he was working among Dalit slum dwellers, the narrative was aimed at
creating hatred for him in the minds of Dalits. By the time the police
filed their charge sheet, this accusation had evaporated. Instead, Ferreira
was implicated in many cases already filed in earlier FIRs. In these FIRs,
the police had typically named a few known Maoists and “other unknown
people”. In many cases, Ferreira was, after his arrest, said to have been
identified as one of those unknown people. Even though there was no
evidence of any kind to incriminate him, he had to undergo severe torture
under the euphemism of interrogation, suffer dreadful conditions in jail
and fight his cases in all kinds of courts for years.

When Ferreira was acquitted in all the cases and was coming out of the jail
in September 2011, the police had rearrested him, slapping on another set
of cases. He was thus kept in jail nearly for five years. A talented writer
and cartoonist, Ferreira published his saga in a remarkable book titled
Colours of the Cage, which is a strong indictment of the lawless police
system in India.

Few asked why Ferreira had been arrested in the first place. What happened
to the “conclusive evidence” that he had been plotting the explosion at
Diksha Bhumi that police confidently told the media about? Why was he
tortured and kept in an airless cell without any evidence whatsoever? What
happened to the results of the narco analysis test he was made to undergo,
which involved injecting him with a so-called truth serum that the
authorities said would make it difficult for him to lie when being
interrogated? It was reported widely that during the narco analysis test,
Ferreira revealed that Bal Thackeray, the leader of the Shiv Sena, funded
Maoist activities in Maharashtra. What action was taken on these
revelations? Why was Bal Thackeray not even interrogated? Who was
responsible for the destruction of Ferreira’s reputation and the loss of a
precious part of the life? Who was responsible for the trauma suffered by
his parents and wife or the loss of the love of a father by his child?

Arun Ferreira being taken to the Faraskhana Police station in Pune last
month.

Malafide intent
The system will never have the answers to these genuine questions a citizen
could ask in a democracy. The police who enacted this entirely false drama
might have been rewarded with promotions and awards. Acquittals and
convictions are normal in the process of justice delivery. But when the
process is starkly manipulated with malafide intent, with the misuse of
discretionary powers by the police, it should make anyone sit up and
rethink the system.

The police have devised a strategy to create an excuse to raid the homes of
their targets in order to get hold of their computers. A school child could
explain how easy it is to insert documents into a hard disk at specified
places by tinkering with the time clock of a computer. I say this with the
authority of a practitioner and teacher of Information Systems. During the
1990s, I worked as a CIO of Bharat Petroleum and was adjudged among the top
20 people who contributed to India’s information technology sector for
three consecutive years.

Any such fabrications can be caught. But that is not the point for the
police. The point is that they use these fabrications to arrest innocent
people under the dreaded Unlawful Activities (Prevention) Act and can
incarcerate them for years. They can even mislead the lower courts to
punish these people with life imprisonment as in the case of Dr Binayak Sen
in Chhattisgarh and thereafter Delhi University professor GN Saibaba and
his co-accused. This modus operandi by now is well known and rampantly
practiced.

Bhima Koregaon case
The present case involves riots that took place on January 1 in Bhima
Koregaon, near Pune. The police insinuation that the violence had been
sparked by inflammatory speeches the day before at a meeting in Pune being
funded by the Maoists was merely to develop an excuse for raiding the homes
of activists to get hold of the activists’ computers. In an earlier time,
the police would have to plant physical objects in the premises of their
targets to produce as incriminating evidence. But now, computers have come
handy to produce tons of documents that can be brandished as “conclusive
evidence”. They may not be stand up to judicial scrutiny but they serve
their crucial purpose of incriminating people.

The real organisers of the meeting in Pune, Justice PB Sawant, a retired
judge of the Supreme Court, and Justice BG Kolshe Patil, a former judge of
the Bombay High Court, have been saying right from the beginning that the
gathering, called the Elgar Parishad, was their idea and no one else had
much to do with it. The two organisers are no ordinary people. Despite
this, the police consistently ignored them and went ahead with their
strategy, which is obviously linked with the political calculations of the
ruling party. Having gained control over the computers, the police began
producing preposterous letters that have been trashed by numerous experts
including Ajay Sahni, Executive Director, Institute of Conflict Management,
the think thank that is supposed to be the repository of knowledge on
terrorism, Maoism, and other such subversive activities. But the police,
emboldened by the vocal support from their political masters, persisted
with their mendacious theories.

These letters, written in an essay style in chaste English, providing
detailed information of the plots against the state, using the full names
of real people, some with their telephone numbers, woven into
half-imaginary information. I have been implicated based on a letter that
the police read out at a press conference. The letter is constructed on the
basis of my having attended a conference organised by the American
University in Paris with the information that was available on the
institution’s website.

The conference was attended by among other international scholars by two
Indian-American scholars, Shailaja Paik and Anupama Rao. Anyone connected
with social sciences know these prominent scholars of caste, class and
gender issues. The letter refers to them as “comrades” and says that they
have promised to organise similar conferences for me. NDTV did a programme
and informed that it sought information from them but they had not
responded to the channel until then. Who in their senses would deal with
such trash?

There was another name, Etienne Balibar, a well-known scholar who delivered
the key note address at the conference. Right from seeking my acceptance to
attend to the bearing of all travel and lodging expenses to the
reimbursement of even minor taxi expenses in Goa as well as Paris, my
participation in the conference is well documented to establish beyond
doubt that the letter was fabricated purely with malafide intent. But still
the police raided my house on the Goa Institute of Management campus in our
absence on August 28 in a manner that conveyed that I was a fugitive and
dreaded criminal.

Inconvenient people
The question is how these letters are to be considered by the public and
judiciary. Consider, for instance, a case in which the political masters of
the police ask them to incriminate some people who are inconvenient to
them. These people could well be judges, ministers, bureaucrats or
capitalists. It is not hypothetical because I myself fall into the last two
categories, having been spent my career in capitalist enterprises, having
held many bureaucratic positions in them and thereafter in academics,
having taught capitalism to the future would-be industry leaders through
prestigious institutes like IIT Kharagpur, and the Goa Institute of
Management. Now, what needs to be considered is this:

The police produce such a fabricated letter addressed to “XXX” by some
Central Committee member of the CPI (Maoist), distorting information in the
public domain as they did in my case, and implicate “XXX” as an “urban
Maoist” and get on with their “due process of law”. Substitute “XXX” with
the first names of a cabinet secretary in the government of India or of a
judge of the Supreme Court or of a police commissioner or of a big
industrialist. Then, merely because their name has been mentioned in a fake
letter, their homes could be raided, their books by well-known publishers
confiscated along with their phones and computers. They could be arrested,
publicly defamed as urban Maoists, and incarcerated for years without bail.

This scenario is not an exaggeration. If a person with my extraordinary
antecedents could be implicated by this police fabrication, there is no one
in the country who can theoretically escape this. There is no need to prove
any misdoing. All these consequences follow from the discretionary
authority and the lack of accountability of the ordinary police official.

Will the cabinet secretary, the judges of the Supreme Court, the ministers,
police officers, the politician, the industrialist wake up to consider this
scenario that negates all our constitutional claims of the rule of law?

-- 
Peace Is Doable

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