Special NIA court will consider #BhimaKoregaon accused Stan Swamy's application seeking clone copies of data collected from him on December 21, 2020.
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Adv. Sharif Sheikh and Adv. Pasbola arguing for Swamy submitted to the court that huge amount of data was collected from him, yet the amount of data cloned and provided to him was only 8 TB.
NIA opposed the application.
Special PP, Prakash Shetty: Whatever is relevant from the data we have taken from them we have given a copy to them.
Entire data has not been taken, only what is relevant is being taken.
Special PP, Prakash Shetty: Whatever is relevant from the data we have taken from them we have given a copy to them.
Entire data has not been taken, only what is relevant is being taken.
Pasbola: It is not right for the prosecution to say if I am relying only on a part, then I will give only part.
If they are going to refer to documents or electronic evidence in court, then shouldn't they give a copy? There is an order of this court in our favour.
If they are going to refer to documents or electronic evidence in court, then shouldn't they give a copy? There is an order of this court in our favour.
Court: will it not be voluminous?
Pasbola: No milord, just a pendrive, or a harddisk, maybe... It is electronic data, how can it be voluminous? They just have to clone and give us.
Court to NIA: Whatever is taken, copy should be given, that is the law.
Pasbola: No milord, just a pendrive, or a harddisk, maybe... It is electronic data, how can it be voluminous? They just have to clone and give us.
Court to NIA: Whatever is taken, copy should be given, that is the law.
Shetty seeks time to take instructions on the amount of data taken.
Adv. Sheikh moves on to the other applications filed seeking Swamy's bag and regarding possibility of his transfer to another jail.
Adv. Sheikh moves on to the other applications filed seeking Swamy's bag and regarding possibility of his transfer to another jail.
NIA' reply and jail authorities both apprise the court that none of them have any bag that belongs to Swamy.
Sheikh asks the Court to record this stand taken by both authorities before disposing off the application.
Sheikh asks the Court to record this stand taken by both authorities before disposing off the application.
Sheikh also apprises the court of the reply received from the jail authorities on the possible transfer.
The jail authorities state that since Swamy is suffering from various ailments and due to his age, he may have to be transferred to a better equipped jail.
The jail authorities state that since Swamy is suffering from various ailments and due to his age, he may have to be transferred to a better equipped jail.
Sheikh submits to the Court to any such transfer should be done only after intimating the court and giving Swamy an opportunity to argue in that.
After a brief hearing of all submissions, the court posts the hearing of all applications to December 21, 2020, when the Court will consider them.
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