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Category: Fabricated facts

After Pegasus and Arsenal Reports, Can Bhima Koregaon Case Still Stand?

After Pegasus and Arsenal Reports, Can Bhima Koregaon Case Still Stand?

The Quint / by Anand Venkatanarayanan

An expert decodes Arsenal report—on planting evidence in activists’ devices—& its significance after Pegasus leaks.
In the light of Pegasus leaks, suggesting that Indian government used a spyware to snoop on politicians, constitutional appointees, journalists, and activists, the Bhima Koregaon case deserves fresh and sharp attention.
The Bhima Koregaon case (BKC) is a unique case in many aspects, but one aspect stands out – the planting of evidence through the use of malware as detailed by the Arsenal reports (Report one, two, three).
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Also read: Leaked Data Shows Surveillance Net in Elgar Parishad Case May Have Crossed a Line (The Wire, July 18, 2021)

BK16: Why Is The Judiciary Still Sleeping? / Demise of Father Stan Swamy Marks Death of India’s Conscience

BK16: Why Is The Judiciary Still Sleeping? / Demise of Father Stan Swamy Marks Death of India’s Conscience

BK16: Why Is The Judiciary Still Sleeping?

15/07/2021

Countercurrents / by Sangeeta Kamat

The Bhima Koregaon15 spending a single additional night in jail is a travesty of justice.
The third report by Arsenal on evidence planting became public on July 6, with even more damning evidence corroborating the first two reports in February and April that confirmed extensive evidence planting on Rona Wilson’s hard drive, the first of the arrestees in the BK16 case. The third report meticulously documents transcripts of the malware and external activity on co-defendant Surendra Gadling’s hard drive from 2016 onward by the same attacker! Should not the Indian judiciary take account of the Arsenal reports to declare a fresh line of investigation into the so-called Bhima Koregaon case and release the 15 immediately?
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Demise of Father Stan Swamy Marks Death of India’s Conscience

15/07/2021

The Leaflet / by Aninda Dey

There was hardly a whimper in response to the sudden arrest of Father Stan Swamy on unproven charges of links to Maoists and sparking violence at Bhima Koregaon. His months-long incarceration under the UAPA, inhuman treatment, and tragic death is a dangerous trend that we Indians cannot ignore, for anybody could be next, writes Aninda Dey.
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Also read:
Evidence found on a second Indian activist’s computer was planted, report says (Washington Post, July 6, 2021)
Surendra Gadling’s Computer Was Attacked, Incriminating Documents Planted: Arsenal Consulting (The Wire, July 6, 2021)

Govt Can Find Out Who Planted Documents, Says Cyber Expert

Govt Can Find Out Who Planted Documents, Says Cyber Expert

The Quint / by Poonam Agarwal

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.
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Also read: Explainer: Arsenal Report on Surendra Gadling (The Leaflet, June 7, 2021)

Can ‘Planted Malware’ Report Help the Accused in Court?

Can ‘Planted Malware’ Report Help the Accused in Court?

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.
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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.
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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.
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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.
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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

Video: The Bizarre Evidence That Put Stan Swamy & The BK 16 in Prison


en | 6:41min | 2021

By The Wire Video

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

Bombay HC Seeks Maha Govt’s Reply on Pleas of Activists Rona Wilson, Shoma Sen

Bombay HC Seeks Maha Govt’s Reply on Pleas of Activists Rona Wilson, Shoma Sen

Bombay HC seeks NIA, MHA and Maharashtra’s response to Rona Wilson, Shoma Sen’s challenge to their UAPA prosecution

04/05/2021

The Leaflet / by The Leaflet

The Bombay High Court Tuesday asked the National Investigation Agency (NIA), Ministry of Home Affairs (MHA) and the state of Maharashtra to file their respective responses to the petitions filed by Rona Wilson and Professor Shoma Sen, accused in the Bhima Koregaon case, challenging the decision of the Maharashtra Government granting sanction to prosecute them under the stringent anti-terrorism Unlawful Activities (Prevention) (UAPA) Act.
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Bombay HC Seeks Maha Govt’s Reply on Pleas of Activists Rona Wilson, Shoma Sen

04/05/2021

News 18 / by pti

A bench of Justices S S Shinde and Manish Pitale also directed the NIA, which is conducting a probe into the case, to file its reply to Sen’s petition.
The Bombay High Court on Tuesday directed the Maharashtra government to file its replies to petitions filed by activists Rona Wilson and Shoma Sen, seeking quashing of charges against them in the Elgar Parishad-Maoist links case. A bench of Justices S S Shinde and Manish Pitale also directed the NIA, which is conducting a probe into the case, to file its reply to Sen’s petition.
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Prof Shoma Sen claims evidence forged, planted on digital devices; moves Bombay HC challenging UAPA charges

15/04/2021

Bar & Bench / by Neha Joshi

Sen was arrested for her involvement in connection to the violence in Bhima Koregaon case and has been in judicial detention since then without bail.
Bhima Koregaon accused Shoma Sen has filed a petition before the Bombay High Court challenging the charges slapped against her by the National Investigation Agency (NIA) under the Unlawful Activities (Prevention) Act (UAPA).
Sen, in her plea, contended that the prosecution’s case against her is built on evidence which was planted on digital devices belonging to a co-accused Rona Wilson.
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Prof Shoma Sen challenges prosecution under UAPA; says evidence against her is unfounded, forged and planted on co-accused’s digital devices

14/04/2021

The Leaflet / by The Leaflet

An accused in the Bhima Koregaon case, Professor Shoma Sen, has petitioned the Bombay High Court challenging her prosecution under the stringent anti-terrorism Unlawful Activities (Prevention) (UAPA) Act.
Sen, a former Head of Department of English at Nagpur University, alleged that that the case against her had been built entirely on unfounded, forged, hearsay evidence that was planted on digital devices belonging to a co-accused-Rhona Willson, which (devices) were “illegally” seized by the police in complete violation of all safeguards and procedures mandated under applicable law.
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Also read: Bhima Koregaon Accused Rona Wilson Moves Bombay High Court Seeking SIT Probe Into The Report That ‘Incriminating Materials Were Planted On His Laptop’ (Live Law, Feb 2021)

Video: Father Stan Swamy’s 84th birthday celebrations online

Video: Father Stan Swamy’s 84th birthday celebrations online


en + hindi | 1h34min | 2021

By PUCL & friends and co-travellers of Father Stan Swamy

The PUCL along with the friends and co-travellers of Father Stan Swamy,
invite you to join online Father Stan’s 84th birthday celebrations.

Watch video @ PUCL fb page here

Through his own writings from the prison, and know why the State fears him and why the Bhima Koregaon case is cooked up, along with messages of solidarity for his release and that of other Prisoners of Conscience.
Father Stan stands as a symbol of struggle and resistance against the repression of Tribals and has been falsely implicated and arrested since October 2020 in the Bhima Koregaon “conspiracy” case. A Jesuit priest and tribal rights activist, he has worked in Jharkhand for over three decades on issues of land, forest and labour rights in order to create a world where there is love, peace and justice.
#ReleaseFatherStanNOW #ReleaseAllBK16Prisoners


Also watch: Repeal UAPA – Persecution by Prosecution (PUCL, Jan 2021)

Three Day consultation on 20th, 21st and 22nd January, 2021
► Repeal UAPA – Day Three (en + … | 2h 51min | Jan 2021)
► Repeal UAPA – Day Two (en +… | 2h 22min | Jan 2021)
► Repeal UAPA – Day One (en + … | 2h 17min | Jan 2021)


In letters, Stan Swamy speaks about co-inmates, life behind bars

27/04/2021

The Indian Express / by Sadaf Modak

Swamy, who turned 84 on Monday, was arrested on October 8, last year, from Ranchi by the National Investigation Agency (NIA) for his alleged role in the Elgaar Parishad case.
From his daily routine to the experiences of his co-inmates in jail, Jesuit priest and tribal rights activist Father Stan Swamy’s communication through letters and phones calls with his colleagues and friends gives a glimpse into the 200 days spent in jail by the country’s oldest prisoner arrested in a terror case.
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Release Sudha Bharadwaj And Others Framed in Bhima Koregaon Case, Demand Friends & Family

Release Sudha Bharadwaj And Others Framed in Bhima Koregaon Case, Demand Friends & Family

By Sudha Bharadwaj’s Family & Friends

RELEASE SUDHA BHARADWAJ AND OTHERS FRAMED IN BHIMA KOREGAON CASE
CALL FOR INDEPENDENT TIME-BOUND PROBE INTO HACKING CLAIMS

Press Note
US cyber forensics firm, Arsenal Consulting has released a second report reaffirming the planting of ‘incriminating documents’ into Rona Wilson’s (a co-accused in the case) computer through use of an external malware. Crucially, one of the incriminating documents relied upon by the prosecution against Sudha Bharadwaj was found on Rona Wilson’s computer. In its report Arsenal Consulting has claimed that this document was remotely planted.

This report only substantiates what Family and Friends of Sudha Bharadwaj have consistently and independently maintained since the first raid in her house on 28th August 2018 that she is innocent and has been incarcerated for nearly three years on the basis of fabricated evidence.

Read More Read More

Bhima Koregaon case shows ‘deteriorating democracy’ in India: Panelists at US congressional briefing / Watch video

Bhima Koregaon case shows ‘deteriorating democracy’ in India: Panelists at US congressional briefing / Watch video

Bhima Koregaon case shows ‘deteriorating democracy’ in India: Panelists at US congressional briefing

23/04/2021

Scroll.in / by Scroll Staff

This came after a Massachusetts-based digital forensics firm found further evidence that 22 letters were planted in activist Rona Wilson’s laptop.
A US congressional briefing held by a coalition of Indian American and human rights organisations on Thursday said that the Bhima Koregaon violence case was a clear evidence of “deteriorating democracy” in India. The briefing took place on Thursday after a new report from a United States-based digital forensics firm revealed that a hacker planted 22 additional incriminating documents in activist Rona Wilson’s laptop.
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Video: India’s Most Important Human Rights Defenders Incarcerated Without Trial

20/04/2021


en |1h30min | 2021

By Hindus for Human Rights

Congressional briefing
April 22, 2021

On February 10, Washington Post showed how renowned human rights defenders in India were incarcerated on the basis of forged files planted using malware. Hear experts on digital forensics and human rights speak about the landmark Bhima-Koregaon case, seen as the most significant test case for human rights and rule of law in India.
This Thursday, HfHR and our partners are hosting a Congressional Briefing on the #BhimaKoregaon case, in which Indian human rights activists have been incarcerated on the basis of forged evidence.
Watch video

There Is No Case. Release the Bhima Koregaon 16 and Compensate Them

There Is No Case. Release the Bhima Koregaon 16 and Compensate Them


by American Bar Association Justice Defenders Program (April 22):
+++ We are extremely concerned regarding further reports of evidence tampering to incriminate the #BhimaKoregaon activists and continue to call for their immediate release +++
We previously facilitated the work of @ArsenalArmed to conduct a forensic review of a computer seized by police and used as evidence in the #BhimaKoregaon cases. The report finds that an attacker used malware to infiltrate the laptop, depositing at least 10 incriminating letters +++
The latest report by Arsenal, facilitated by the Center, finds that 22 additional documents were also delivered to the computer by the same attacker +++
In light of the discovery of malware used for evidence tampering, we continue to call for the immediate release of all #BhimaKoregaon defenders +++ Our preliminary report on the #BhimaKoregaon cases identified potential procedural irregularities and possible fair trial violations +++ / Read preliminary report (Oct 2019) here (PDF)


There Is No Case. Release the Bhima Koregaon 16 and Compensate Them

22/04/2021

The Wire / by Jignesh Mevani and Meena Kandasamy

A second report released on April 21, 2020 by Arsenal Computing contains more damning evidence of how files were planted on Rona Wilson’s computer.
It is a year since we jointly authored an op-ed denouncing the arrest of Professor Anand Teltumbde on Ambedkar Jayanti.
We highlighted the fact that his incarceration in the Bhima Koregaon case had less to do with any so-called conspiracy, and more to do with his Dalit-centred Marxist politics, which was seen as a direct threat to the corporate-Manuvadi government of Modi.
Read more