CBI seized computer to plant files in CPU, alleges Manish Sisodia

In his statement, Manish Sisodia said that the CBI gave a handwritten notice to the secretary to seize a computer from the conference room. “CBI is maliciously trying to implicate me, has seized a computer without providing hash value,” he said.

“Yesterday was second Saturday, so my office was closed when some CBI official informed my PS on telephone to come to the office and open the same. When my PS reached office around 3:00 pm, he saw that CBI A team officer was already present in my office. The CBI officials asked him to open the office and take him to the conference room,” read the official statement.

“As soon as he reached the conference room, he saw a computer installed in it, asked my PS to switch it on, assessed the same, and immediately, handed over a notice u/s 91 CrPC to the Secretary, Deputy Chief Minister (GNCTD) With reference to investigation RC0032022A0053.”

The secretary was asked to produce the CPU of the system installed in the conference room, read the statement, which alleged that the computer was seized by the CBI without providing its “hash value” – an electronic fingerprint.

It further said, “Thereafter, the CPU was seized from the conference room of my office without following the prescribed procedure. From the perusal of the said notice, it is believed that the notice was hand written to the Secretary, and immediately the property ( CPU) was seized which shows the mala fide of the officer.”

“The said conduct/act of the CBI officers also shows their malice whereby the notice was served and the said property was immediately seized, that too in compliance with the guidelines laid down in Chapter XVI: Cyber ​​Crime, CBI (Crime) Manual 2020 As it is clearly mentioned in the said CBI Manual in Chapter XVI, 16.19:”

Explaining the “hash-value”, the official statement reads, “A hash value is essentially an electronic fingerprint. Data within a file is hashed through a cryptographic algorithm known as a hash-value. This data is a string of variables. The hash value is the key to determine and validate the integrity of the data in question.”

“Since the integrity of the seized electronic device/digital device is paramount to establish the case, it is important to ensure that the hash value of the data record is taken by the Investigating Officer at the time of seizure. Hashing to authenticate the electronic record is detailed in section 3(2) of the IT Act, 2000.”

“The CBI Manual also mandates that at the time of seizure of an electronic document – an image of the same shall also be generated and the said image shall also be hashed and matched with the hashing of the seized data to ensure data integrity. It is, therefore, a matter of record as per the seizure memo provided to us by the CBI after the seizure that no ‘hash value’ was taken and mentioned in the seizure memo by the officer who seized the CPU’, Nor did the CBI create an image of the seized document and hash it,” the statement said.

“It appears that there is scope to implant, delete and edit records in the seized CPU by the CBI team to make out a frivolous case against me. In the absence of recording the “hash value” during the seizure, the CBI may change records in the seized CPU to maliciously implicate me as per their convenience.”

Manish Sisodia said that he has “clear apprehension that CBI has seized CPU to destroy confidential files/documents and will implant/edit files in CPU and use it to falsely implicate me as my Name not in CBI charge sheet. An accused in connection with the above case.”

(with agency inputs)