An attack of this nature requires intelligence, time and money, said Sandeep Shukla.
“It should be noted that this is one of the most serious cases involving evidence tampering that Arsenal has ever encountered…”Excerpts from Arsenal Consulting forensic report
That’s what President Mark Spencer of Arsenal Consulting, the US-based forensic agency, said about the agency’s latest report that reveals that incriminating evidence was planted in the computer of Surendra Gadling, who was arrested under UAPA (Unlawful Activities (Prevention) Act) for alleged links with banned CPI (Maoist) group in the Bhima Koregaon case. Read more
The 83-year-old Jesuit priest and tribal rights activist, who was arrested by the National Investigation Agency (NIA) in connection with the Elgaar Parishad case on October 8, 2020, died in judicial custody while undergoing treatment at the hospital.
A magisterial inquiry will be conducted into the death of Father Stan Swamy, who passed away at the Holy Family hospital in Mumbai’s Bandra on Monday, officials of the Maharashtra prison department said. Read more
Stan Swamy death: Many other Bhima Koregaon accused need medical treatment too, say relatives
Most of those imprisoned in the case are over 50 and suffer from a range of conditions.
The death of activist Stan Swamy in custody on Monday has caused palpable anxiety among the families of the other 15 people accused in the Bhima Koregaon case. The 84-year-old Jesuit priest died in a hospital in Mumbai after his plea for bail was turned down several times, despite suffering from Parkinson’s disease and later Covid-19.
Fourteen of the people accused in the case remain in prison in Maharashtra, charged under the stringent Unlawful Activities (Prevention) Act for allegedly conspiring to set off caste violence in a village near Pune in 2018. Read more
Can ‘Planted Malware’ Report Help the Accused in Court?
08/07/2021
The Quint / by Karan Tripathi
Bhima Koregaon accused can milk the Arsenal report to discredit the NIA’s entire case during the trial.
A day after the death of activist Father Stan Swamy, who had been under arrest in the Bhima Koregaon case under UAPA for alleged Maoist links, a report by Arsenal Consulting, an American forensic agency, has claimed that evidence was ‘planted’ on the computer of another activist, Surendra Gadling, another accused in the case, also currently under arrest.
The malware that targeted Gadling’s computer via emails also had several other Bhima-Koregaon accused, including Stan Swamy and Sudha Bhardwaj copied on the mails, Arsenal has claimed. Read more
Explainer: Arsenal Report on Surendra Gadling
06/07/2021
The Leaflet / by Nihalsing Rathod
In light of the recent revelation that the documents on Surendra Gadling’s computer, which has been used as evidence to arrest activists under the Unlawful Activities (Prevention) Act in the Bhima Koregaon case over the last three years were planted by hackers into the computer, Nihalsing Rathod explains what the report containing the revelation states, and answers questions that may cross one’s mind in light of this information. Read more
Surendra Gadling’s Computer Was Attacked, Incriminating Documents Planted: Arsenal Consulting
06/07/2021
The Wire / by Sukanya Shantha
Forensic digital investigations have raised serious questions about the Elgar Parishad investigation.
For over 20 months, lawyer and human rights defender Surendra Gadling’s computer was attacked and surveilled upon, and incriminating documents were planted on it. Gadling, one of the first people to be arrested among the 16 human rights activists, lawyers and academics in custody in the ongoing Elgar Parishad case, was cyber attacked since February 16, 2016 – two years before he was finally arrested on April 6, 2018. Fourteen significant documents, on the basis of which the National Investigation Agency (NIA) has held him in jail for over three years, were planted on his computer using a malware NetWire. Read more
Evidence found on a second Indian activist’s computer was planted, report says
06/07/2021
The Washington Post / by Niha Masih and Joanna Slater
The two activists were jailed in 2018 and accused of plotting an insurgency against the government. A new forensic report concludes they also shared something else: They were both victims of the same hacker who planted evidence on their computers.
The finding raises fresh doubts about a case that rights groups consider an effort to crack down on critics of Prime Minister Narendra Modi. More than a dozen activists have been imprisoned without trial under a stringent anti-terrorism law that rarely results in convictions. Read more
NDTV (July 6):
@OnReality_Check | “Indian government should name the attacker. We only analyse evidence put in our hands”: Mark G Spencer, President Arsenal Consulting, on #BhimaKoregaon case en | 4:05min | 2021 Watch video
Video: The Bizarre Evidence That Put Stan Swamy & The BK 16 in Prison
On Monday, 5th July, Fr. Stan Swamy passed away after eight months in prison – conditions that exacerbated his Parkinson’s. He was one of the jailed human-rights advocates also known as the Bhima Koregaon 16.
The evidence that surrounds the case is bizarre. The Wire breaks down the story, looking into the investigation conducted by Arsenal Consulting, a Boston-based digital forensics firm that has claimed the evidence for the arrests of the activists, was planted on their computers. Watch video
Cognizance Of Chargesheet Vitiated As Pune Judge Wasn’t Special Judge Under NIA Act? / 8 Accused Seek Bail
By LawBeat (July 15):
BombayHighCourt bench led by Justice SS Shinde to hear Lawyer-Activist Sudha Bharadwaj, accused in the #BhimaKoregaon – #ElgaParishad case seeking default bail contending that the trial judge was not authorised to take cognisance of the 2019 charge sheet against her.
Produce papers showing Pune judge was competent to pass orders, HC tells Maharashtra
08/07/2021
Scroll.in / by Scroll Staff
In a petition seeking default bail, activist Sudha Bharadwaj said that Sessions Judge KD Vadane was an additional judge and not a designated special judge.
The Bombay High Court on Thursday directed the Maharashtra government to produce documents to show that the judge who granted an extension to the Pune Police to file the chargesheet in the Bhima Koregaon violence case and took cognisance of it was authorised to do so, PTI reported.
… The court posted the matter for next hearing on July 15. Read more
Cognizance Of Bhima Koregaon Chargesheet Vitiated As Pune Judge Wasn’t Special Judge Under NIA Act? Bombay High Court To Examine
08/07/2021
Live Law / by Sharmeen Hakim
The Bombay High Court on Monday said that the Court’s records were consistent with lawyer-activist Sudha Bharadwaj’s RTI replies, according to which Additional Sessions Judge (Pune) Kishore Vadane was not appointed as a Special Judge under the NIA Act in 2018/2019.
“Record is the same as you had annexed under RTI,” Justice SS Shinde heading the division bench said at the beginning of the hearing.
The court also asked the State if it had anything additional to show that the judge was assigned the case back then. Read more
Judge who extended chargesheet deadline not special judge under NIA Act, reveals Sudha Bharadwaj’s lawyer
06/07/2021
The Free Press Journal / by Staff Reporter
Trade unionist, human rights lawyer and activist Sudha Bharadwaj through her advocate Yug Chaudhry claimed that the special judge, who extended the time to file chargesheet into the Bhima Koregaon violence case, and also took cognisance of the chargesheet, was not a special judge under the National Investigation Agency Act. Read more
Sudha Bharadwaj’s Bail Plea: Bombay High Court To Verify If Pune Sessions Judge Was Competent To Take Cognizance Of Chargesheet
06/07/2021
Live Law / by Sharmeen Hakim
The Bombay High Court said it would verify with the Registry if Additional Sessions Judge Kishor Vadane was a Special Judge under the National Investigation Agency (NIA) Act in 2018/2019 and if he was authorised to take cognisance of the Pune police’s charge sheet against the accused in the Bhima Koregaon Elgar – Parishad Case.
A division bench of Justices SS Shinde and NJ Jamadar heard Bharadwaj’s plea seeking bail in default Under Sections 439, 482 and section 167(2)(a)(i) of the Criminal Procedure Code read with section 43 D(2)of the Unlawful Activities Prevention Act. She has challenged two orders of Judge KD Vadane. Read more
8 accused in Bhima Koregaon seek bail as judge who rejected bail was not authorised
06/07/2021
The Hindu / by Sonam Saigal
Eight accused in the Bhima Koregaon caste violence case moved the Bombay High Court on Tuesday seeking bail on the ground that the special judge at Pune who rejected their default bail was not authorised to do so. Sudhir Dhawale, Rona Wilson, Surendra Gadling, Shoma Sen, Mahesh Raut, Varavara Rao, Vernon Gonsalves and Arun Ferreira filed the petition through advocate R. Sathyanarayanan. Read more
For the 15 Bhima Koregaon accused, there’s no trial in sight, and no interim relief in reach either.
Father Stan Swamy’s death, as an incarcerated undertrial in the Bhima Koregaon case, has sparked outrage and triggered international condemnation.
Swamy was 84 years old, suffered from Parkinson’s disease, and had told the Bombay High Court, weeks before his death, that all he wanted was to go home. Read more
Rage and Mourn in Response to Father Stan Swamy Death
BR Ambedkar’s granddaughter Rama Ambedkar demands release of all political prisoners
08/07/2021
Scroll.in / by Scroll Staff
‘Those involved in the Bhima Koregaon case are facing fabricated charges and being called Naxalites, but they work for the poor, just like Father Stan.’ Read more
Stan Swamy Murder Has Lit A Spark Turning Into A Prairie Fire In Challenging Proto-Fascism
08/07/2021
Countercurrents.org / by Harsh Thakor
It is most heartening how the masses of India are not taking the custodial murder of Father Stan Swamy lying down. We must congratulate all the sections be it of the workers, peasants, youth or students who have collectively galvanised forces to crystallise resistance against neo-fascism. A spark is virtually being turned into a Prairie fire. In the last few days a spurt of qualitative protests has taken place in Orissa, Uttar Pradesh and Punjab and all around the country. Read more
Rage and Mourn: Protests Across the Country in Response to Father Stan Swamy Death
07/07/2021
Gaurilankeshnews.com / by Gauri Lankesh News Desk
BK undertrials have demanded a judicial inquiry in the institutional murder of Fr. Stan Swamy and that the Taloja jail superintendent Kaustubh Kurlekar
With the news of the demise of tribal rights activist Father Stan Swamy on 5th July, under judicial custody in the Elgar Parishad case, masses all across the country, as well as many rights defenders globally, have expressed grief and anguish at the Modi regime for its murderous hounding of those who have been resisting its fascist rule. Following the funeral of Fr. Swamy which was live-streamed on YouTube for his family and well-wishers to witness, protests have erupted throughout the country. Read more
Illustration by #bakeryprasad
Those Jailed In Bhima Koregaon Case Be Released: Opposition Leaders To President
Opposition leaders write to the President expressing outrage at the death in custody of Fr #StanSwamy. Say all those jailed in the Bhima Koregaon case as well as other political detenues who have been jailed for sedition under draconian laws like UAPA must be released forthwith.
Click to enlarge
Press Briefing by UN High Commissioner for Human Rights
06/07/2021
By Liz Throssell, UN High Commissioner for Human Rights
Press briefing notes on India
Spokesperson for the UN High Commissioner for Human Rights: Liz Throssell
Location: Geneva
Date: 6 July 2021
We are deeply saddened and disturbed by the death of 84-year-old Father Stan Swamy, a human rights defender and Jesuit priest, in Mumbai yesterday, following his arrest in October 2020 under India’s Unlawful Activities (Prevention) Act (UAPA).
Father Stan had been held in pre-trial detention without bail since his arrest, charged with terrorism-related offences in relation to demonstrations that date back to 2018. He was a long-standing activist, particularly on the rights of indigenous peoples and other marginalized groups. While in Mumbai’s Taloja Central Jail, his health deteriorated and he reportedly contracted COVID-19. His repeated applications for bail were rejected. He died as the Bombay High Court was considering an appeal against the rejection of his bail application. Read full statement
Stan Swamy: India outrage over death of jailed activist
06/07/2021
BBC / by BBC
Thousands of activists, political leaders and Indian citizens have taken to social media to pay tributes to jailed tribal rights activist Stan Swamy who died at the age of 84.
Many also expressed anger at the way he was jailed during Covid-19 and repeatedly denied bail. Read more
Native village in Tiruchy grieves Stan Swamy’s demise
06/07/2021
The New Indian Express / by Jayakumar Madala
Scores of vehicles started arriving at Virugallur village in Tiruchy, moments after news of Fr Stan Swamy’s death broke in the media. People from near and far descended in the 84-year-old priest’s native village to express their condolences.
“He was a humble man who dedicated a lifetime to the welfare of tribal people,” said Swamy’s brother TPL Irudayaswamy (89). Read more
Mumbai
Kolkata
Bhilai
Panjim
Chandigarh
Ranchi
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We are ruled by fiends – The have put a curse upon this land
07/07/2021
Newslaundry / by Arundhati Roy
The excruciating, slow-motion, custodial murder of 84-year-old Father Stan Swamy, a Jesuit priest who spent decades of his life in the service of India’s dispossessed, took place in the show window of our democracy. Our judiciary, police, intelligence services, and prison system are responsible. Our mainstream media too. All of them were aware of the case, and of his failing health. And yet he continued to be ground down. Read more
New online platform maps Pegasus spread / New investigation shows global human rights harm of NSO Group’s spyware
It was launched by the Forensic Architecture, the Amnesty International and the Citizen Lab to document attacks against human rights defenders.
An online database about the use of the spyware Pegasus was recently launched by the Forensic Architecture, the Amnesty International and the Citizen Lab to document attacks against human rights defenders. Read more
New investigation shows global human rights harm of NSO Group’s spyware
03/07/2021
Amnesty International / by Amnesty International
A new interactive online platform by Forensic Architecture, supported by Amnesty International and the Citizen Lab, maps for the first time the global spread of the notorious spyware Pegasus, made by cyber-surveillance company NSO Group.
‘Digital Violence: How the NSO Group Enables State Terror’ documents digital attacks against human rights defenders around the world, and shows the connections between the ‘digital violence’ of Pegasus spyware and the real-world harms lawyers, activists, and other civil society figures face. Read more
Stan Swamy’s institutional murder must lead to a nation-wide movement against draconian laws and state repression
NAPM joins citizens and democratic groups across the globe remembering the life and struggle of Stan Swamy with pain and pride
7th July, 2021: The news of the cold-blooded killing of Fr. Stan Swamy by all the institutions that held him arbitrarily in custody for over 9 months has shaken not just the ‘conscience’ of India, but of the entire world. This incident shall remain a permanent blot on India’s claim of being a ‘democracy’, which oversaw the custodial torture and consequent ‘death’ of an 84-year-old human rights defender, living with Parkinsons, for a crime he never committed. As the world mourns this spartan saint, whose only mission was to fight for justice for the oppressed, we are left with many unanswered questions about the state of our nation and the future path of struggle. …
