Prashant Tandon : Noted journalist and editor of a prominent magazine Talk Sikkim, Mita Zulca was arrested on June 30 on a complaint by a politician of SDF (Pawan Chamling led ruling party of Sikkim). She is out on bail but harassment is going on by the state machinery and the police. ‘Talk Sikkim’ has been doing fearless journalism over the years on issues concerning development and people of NE and in particular Sikkim. Clearly this is an attempt to muzzle freedom of the Press and intimidate journalists from reporting the truth.
प्रशांत टंडन के फेसबुक वॉल से.
Mita Zulca : So this is the letter I submitted to the police yesterday with help from a lawyer. Apparently, there is some procedure which needs to be followed while seizing computers/phones etc under cyber crime.
Sub: Submission on my cyber crime case.
I am a law abiding citizen of this country and I want to assure you that I will fully cooperate in my case with the police. But as per your instruction, I am unable to handover my computer and mobile phone to police station by myself as the law does not allow me to do this.
As per Section 6.1.3 of the Cyber Crime Investigation Manual, the police must come to me with a search warrant. The police can only seize my media of the computer or image of the hard disk.
According to Section 5.6 (Collection of Digital Evidence) of the Cyber Crime Investigation Manual of India, Police can only seize my storage device i.e., hard disk, pen drive, compact disk etc. and must prepare detailed notes giving “when, where, what, why & who” and overall actions taken in relation to the computer equipment.
As per Section 5.7 of the Cyber Crime Investigation Manual of India, “During backups and imaging, the integrity of the original media should be maintained. To ensure that the backup or imaging process does not alter data on the media, investigator should use a write-blocker while backing up or imaging the media.”
Beside this, I am requesting you to bring a hash editor before seizing my media for Havel hash (also termed as fingerprints of electronic data) image of my hard disk and mobile phone. This will ensure legal and clean investigation as per the norms and offer me protection from any tampering.
As per the Annexure 5-3 of the manual police must have Digital Evidence Collection Form which is very technical form for seizer of any media.
Since I am a journalist and my computer is the only medium of my professional use and all references data is stored within, I hope you will investigate the seized media in a time bound period.
I hope you will abide by the norms of ‘Cyber Crime Investigation Manual’ of the country.
Also I have studied that if anyone will be found tampering with computer source documents, he or she will be punished upto 3 years imprisonment or fine upto Rs. Two Lakhs or both under Section 65 of ITAA 2008 and Section 66 of ITAA 2008 which provides punishment upto 3 years of imprisonment or fine upto Rs. Five Lakhs or both.
Let me reiterate that I want to co-operate fully with police investigation and hope that you as the law maintaining officer will fulfill the necessary norms of Cyber Crime Investigation Manual.
मीता जुल्का के फेसबुक वॉल से.