Despite directions given by the special court to NIA to provide all the evidence, only 40% has been shared, says advocate for some of the accused in the case.
It is almost five years since caste-based violence broke out at Bhima Koregaon in Pune but more than 60% of ‘clone copies’ of the evidence against the 15 accused, who are activists, lawyers, journalists, and professors, have not been shared with them. Read more
Stan had, during interrogation, claimed that the evidence against him was ‘interpolated’, as he wrote in his book I Am Not A Silent Spectator; but NIA did not believe him. Now a forensic firm has confirmed it.
Late Jesuit priest Father Stan Swamy wrote a slim book, I Am Not A Silent Spectator, before he was arrested on October 8, 2020. In the book, Stan details the questions sleuths from the National Investigation Agency asked him over 15 hours of interrogation spread over five days—and the answers he gave. He scoffed at the documents they said had been extracted from his computer, insisting these were “interpolations”. Read more
Legal experts say that this information becomes useful during the stage of the trial, which is yet to start.
A new report that says that “evidence” on Stan Swamy’s computer was planted would not be of much use to the accused persons in the Bhima Koregaon case until the trial starts, legal experts point out. Read more
In wake of the recent Arsenal report which exposes the malicious tampering with Fr. Stan Swamy’s computer, MRSD* organized a press conference on “Fabricating Evidence Against Life and Liberty: Tampering with Fr. Stan Swamy’s computer and its implications for Bhima Koregaon case” on December 22, 2022.
Speakers: Fr. Joe Xavier, Convenor of Fr. Stan Swamy Legacy Committee of the Jesuits and Former Executive Director of the Indian Social Institute. Fr. Frazer Mascarenhas, Former principal of St Xavier’s College in Mumbai and the Parish Priest of St Peter’s Church. Mihir Desai, Senior Advocate at High Court of Bombay. Nagarjuna G., Former Professor, Homi Bhabha Centre for Science Education, Tata Institute of Fundamental Research.
*MRSD is a forum constituted by several democratic rights, civil society and people’s organisations to campaign for the release of human rights defenders falsely charged and imprisoned in the Bhima Koregaon conspiracy case, the repeal of UAPA and for upholding the citizens’ right to dissent.
Fabricating Evidence Against Life and Liberty: Tampering with Fr. Stan Swamy’s computer and its implications for Bhima Koregaon case
The latest report released by Arsenal Consulting, a Massachusetts-based digital forensics firm- proves that Father Stan’s computer was infiltrated by hackers since October 19th 2014, and more than 40 documents were planted in it. In his last video statement before his arrest, Stan had asserted that documents shown to him by the NIA were fabricated. Inspite of the same he was arrested on 8th October 2020 and subsequently died on 5th July 2021 in custody. Stan’s case represents not just grave injustice to the 84-year-old, but also the deep denigration of basic humanity by the system.
Fr. Stan was incarcerated in the Bhima Koregaon (BK) conspiracy case which has come to represent a major conspiracy against human rights defenders in India. Including Stan, 16 activists, lawyers, academicians have been arrested since 2018 in the case filed by the Pune police (later on transferred to NIA) following caste violence that broke out against Dalit visitors on January 1, 2018, in Bhima Koregaon village near Pune. Ironically, the police invoked UAPA, a law that Stan vehemently resisted, to arrest the BK-16 activists, and brand them as anti-nationals, urban naxals and members of a banned political party and even alleged involvement in a purported assassination plan on the Prime minister. The long list of allegations in the case is meant to arouse the deepest suspicion against these 16 accused, and against their work of defending democracy and people’s struggles.
Fr. Stan worked tirelessly especially for Adivasis in Jharkhand, their rights to land, forest, and against their false incarceration. Apart from being an activist, he also documented many instances of injustices in an impeccable manner. He also raised objections to instances of illegal mining and other supposed development projects which had the impact of displacing people from their home and hearths.
Fr. Stan’s arrest in the middle of COVID-19 pandemic, despite his ill-health and age, is a proof of the system’s apathy to human rights defenders. During his last months in prison, he repeatedly requested to be shifted to his residence in Ranchi. A patient of the Parkinson’s disease, Stan faced multiple challenges during his incarceration. Inspite of having contracted Covid and taking seriously ill, he was denied timely medical treatment and care in prison. However, no cognizance of this was taken, and the situation deteriorated resulting in the death of Fr. Stan, even while his application for bail was pending. His untimely and tragic death is a result of the sheer negligence of the jail authorities, NIA and failure of the entire criminal justice system to protect a defender of justice. Such denial of rights becomes even more stark with emerging documentary proof that the evidence presented in the case were fabricated. It must be noted that in April 2021, Arsenal consulting had already released a report proving the malicious hacking and planting of documents in computers of co-accused, Rona Wilson and Surendra Gadling.
The fact that Fr. Stan died before he could get a chance to prove his innocence is jarring. This case shows the extent to which illegal cyber-attacks are being used in Digital India to build false criminal cases against innocent citizens who can then be jailed indefinitely under the UAPA law. Such is the desperation of the system to incarcerate human rights defenders and dehumanize the society at large. At the same time, the real instigators of violence at Bhima Koregaon, Milind Ekbote of Samastha Hindu Aghadi and Sambhaji Bhide of Shiv Chhatrapati Pratishan are not being prosecuted and are instead being shielded politically.
We call for: 1. Immediate release of all remaining co-accused in the Bhima Koregaon conspiracy case and quashing of the case against them on the basis of fabricated evidence. 2. Reparations and justice for the wrongful incarceration of Fr. Stan Swamy that resulted in his death. 3. Impartial and independent investigation into the tampering of electronic devices and fabrication of evidence against the BK-16 accused in the case. 4. Impartial and independent investigation into the role of Milind Ekbote, Sambhaji Bhide and other right-wing leaders and outfits for planning and inciting violence on Dalits in Bhima Koregaon and their prosecution in the FIRs filed against them. 5. Repeal of draconian UAPA law used as a tool to curb dissent and political opposition.
*Mumbai Rises to Save Democracy: MRSD is a forum constituted by more than 20 democratic rights, civil society and people’s organisations to campaign for the release of those arrested in the Bhima Koregaon conspiracy case, repeal of UAPA and for upholding the citizens’ right to dissent.
Father Stan Swamy’s computer was compromised from 2014, the longest period that an accused has been targeted in Arsenal’s experience, suggesting institutional hacking.
Once, twice, three times—twice too often to attribute to chance—a digital security consultancy has found that NetWire malware was used to drop incriminating files on the computers of detenus in the Bhima Koregaon case. It is obviously no case because hearings have not even begun, though the first suspects were arrested in June 2018 for a nebulous conspiracy to assassinate the prime minister, who had earlier expressed nebulous anxieties about his person. Read more
Stan Swamy: Report points to a conspiracy
16/12/2022
Stan Swamy and 15 others, including academics, lawyers, activists, and journalists, had been arrested in the Elgar Parishad case.
A fresh revelation that incriminating material was planted in the laptop of Stan Swamy, who was named an accused in the Elgar Parishad case and who passed away last year in prison in Mumbai, points to a conspiracy, which was planned and executed at high levels, to frame him in a false case. Read more
by Mary Lawlor UN Special Rapporteur HRDs / @MaryLawlorhrds (Dec 15, 2022):
Extremely distressing new report by @ArsenalArmed which finds that fake evidence was planted on Stan Swamy’s computer. Stan’s detention & death are a stain on India’s human rights record. Charges against the other HRDs in Bhima Koregaon case must be dropped
Indian government asked to apologize for framing Stan Swamy
15/12/2022
Matters India / by Matters India Reporter
Catholic Church leaders have sought an “unconditional apology” from the Indian government for the custodial death of Father Stan Swamy after a US based digital forensic firm has found that the late Jesuit was falsely implicated in a sedition case.
“At least at this stage, the government and its probe agency should tender an unconditional apology to people for the unjust arrest, inhuman incarceration and custodial death of Father Swamy for no fault of his,” says Jesuit Father A Santhanam, convener of the National Lawyers Forum of Religious and Priests (NLFRP). Read more
Planting of evidence against Stan Swamy ‘blot on justice system’, say politicians, social bodies
14/12/2022
Scroll.in / by Scroll Staff
A news report claimed that a hacker planted evidence on a device owned by the tribal rights activist, who died in July last year.
Hours after a report claimed that a hacker planted evidence on a device owned by tribal rights activist Stan Swamy, several politicians, academics, activists and social organisations on Tuesday denounced the incident and described it as a “blot on the justice system”.
“Is this how a democratic country treats its own?” Congress leader Salman Anees Soz tweeted. “The courts must introspect. Is this the best they can do? Read more
Indian govt ‘must come clean on Fr Stan Swamy’s death’
14/12/2022
UCA News / by UCA News Reporter
Evidence ‘planted’ on the late Jesuit priest’s computer to ‘falsely’ implicate him in the Bhima-Koregaon case, US agency says.
Catholic activists and priests want the Indian government to “take full responsibility” for the custodial death of Jesuit Father Stan Swamy after latest findings by US-based digital forensic experts that false evidence was planted on the priest’s computer by hacking it. Read more
by CPI (M) @cpimspeak (Dec 14, 2022):
CPI(M) demands that all the Bhima Koregaon accused be immediately released from jail; NIA should not deny their bail applications and or discharge appeals; an expert, fair re-examination taking into account the forensic evidence available should be made in a timebound framework.
Incriminating document found in Fr. Stan Swamy’s computer ‘planted’; similar tampering found in other Bhima Koregaon accused: Reports American forensic firm
14/12/2022
The Leaflet / by Gursimran Kaur Kakshi
Previously, similar evidence of planting have also been found by the same firm, Arsenal, in the computer of mobile devices of Rona Wilson and Surendra Gadling, two other accused in the Bhima Koregaon case.
ON December 11, Arsenal Consulting, a United States-based digital forensic analysis firm, revealed that tribal rights activist and one of the accused in the Elgar Parishad-Bhima Koregaon case, the late Fr. Stan Swamy’s computer was compromised over the course of three distinct campaigns, beginning on October 19, 2014, and ending with the seizure of his computer by the Pune police department on June 12, 2019. Read more
Hackers planted evidence on computer of jailed Indian priest, report says
13/12/2022
The Washington Post / by Niha Masih
Father Stan Swamy died after spending more than eight months in jail on terrorism charges
For months, Father Stan Swamy, an 84-year-old Jesuit priest, claimed his innocence in courts and pleaded for medical care, but Indian authorities denied him bail. He died at a hospital in July 2021 after spending more than eight months in jail on terrorism charges.
Now, an examination of an electronic copy of his computer by Arsenal Consulting, a Massachusetts-based digital forensics firm, concludes that a hacker infiltrated his device and planted evidence, according to a new report by the company. Read more
Hackers Planted Files to Frame an Indian Priest Who Died in Custody
13/12/2022
Wired / by Andy Greenberg
And new evidence suggests those hackers may have collaborated with the police who investigated him.
The case of the Bhima Koregaon 16, in which hackers planted fake evidence on the computers of two Indian human rights activists that led to their arrest along with more than a dozen colleagues, has already become notorious worldwide. Now the tragedy and injustice of that case is coming further into focus: A forensics firm has found signs that the same hackers also planted evidence on the hard drive of another high-profile defendant in the case who later died in jail—as well as fresh clues that the hackers who fabricated that evidence were collaborating with the Pune City Police investigating him. Read more
Evidence Planted On Activist Stan Swamy’s Laptop, Claims US Report
13/12/2022
NDTV / by Aruveetil Mariyam Alavi, Sreenivasan Jain
The report blasts a hole in the National Investigation Agency’s (NIA) charges against Stan Swamy.
A new report by an American forensic firm shows that multiple incriminating documents were planted in the computer of Father Stan Swamy, the 83-year-old activist-priest who was arrested for alleged terror links in 2020 and who died in custody a year later. Read more
India Trains Its Sights on Dissent in Chhattisgarh – Snooping on Civil Society
28/10/2022
Voelkerrechtsblog / by Allison West
Development in the form of profit-driven resource exploitation ventures in India’s central state of Chhattisgarh, led by corporations and facilitated by the state, have wreaked havoc on the lives and livelihoods of the region’s indigenous Adivasi peoples. In the face of widespread dispossession, corporate land grabs, environmental degradation and militarized policing in Chhattisgarh, Adivasi activists and organized civil society play a vital role in monitoring, documenting and challenging ongoing human rights violations on the ground…
In 2020, Amnesty International and Citizen Lab uncovered a coordinated spyware campaign targeting nine human rights defenders in India, including several active in Chhattisgarh. Between January and October 2019, the targets received spearphishing emails with malicious links that, if opened, would have installed NetWire, a commercially manufactured Windows spyware that monitors a user’s actions and communications..
The common link between the human rights defenders targeted in the NetWire attack seemed to be a record of speaking out on behalf of those imprisoned in the 2018 Bhima Koregaon Case. Read more
Report Release: In the Name of Development – Indigenous Rights Violations and Shrinking Space in Chhattisgarh
03/11/2022
By India Justice Project & ECCHR
The report presents insights into the ongoing assault by the Indian state and powerful corporations on the indigenous peoples of the country through a case study of Chhattisgarh. In particular, the report highlights the legal and institutional means through which powerful state, military and corporate actors appropriate land and shrink space for Adivasi rights and resistance in Chhattisgarh. Read full report (PDF, 72 pages)
SC frowns on government’s cavalier dismissal of a PIL’s demand for guidelines on ‘seizure, examination and preservation’ of such gadgets
The Supreme Court on Friday said electronic devices seized by investigating agencies “have personal contents and we have to protect this”, frowning on the Centre’s cavalier dismissal of a PIL’s demand for guidelines on the “seizure, examination and preservation” of such devices.
… several accused in the Elgaar Parishad-Maoist links case have said — with support from forensic analysts — that false “evidence” was planted on their devices after their seizure by investigators. Read more
The evidence of malware use has now come in from multiple studies, but the accused remain in jail and the trial is yet to begin.
It has been a year since The Wire, along with 16 other international media organisations – all part of the Pegasus Project – reported how at least eight activists, lawyers and academics arrested for their supposed role in the Elgar Parishad case were on the leaked database as probable Pegasus targets. Besides the accused persons, their family members, lawyers, associated activists and, in some cases, minor children too appeared on the list. Read more
