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Category: Case Update

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

Cognizance Of Chargesheet Vitiated As Pune Judge Wasn’t Special Judge Under NIA Act? / 8 Accused Seek Bail

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.
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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.
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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.
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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.
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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.
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Also read: Bombay High Court Seeks Reply On Sudha Bharadwaj’s Plea For Default Bail In Bhima Koregaon Case (Live Law, June 2021)

Advocate Gadling, accused in Bhima Koregaon case, moves HC for bail

Advocate Gadling, accused in Bhima Koregaon case, moves HC for bail

Advocate Gadling, accused in Bhima Koregaon case, moves HC for bail

06/07/2021

The Hindu / by Special Correspondent

In appeal against temporary bail application rejection by additional sessions judge, Pune
Advocate Surendra Gadling, an accused in the Bhima Koregaon caste violence case, recently moved the Bombay High Court in appeal against the rejection of his temporary bail application.
He was arrested on June 6, 2018, by the Pune Police and is currently lodged at the Taloja Central Jail. On November 6, 2018, his bail application was rejected by additional sessions judge, Pune. He then filed the bail application in the High Court.
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Bhima Koregaon Accused Challenges NIA Court’s Refusal To Allow Him To Join Family For Mother’s Last Rites

06/07/2021

Live Law / by Sharmeen Hakim

The Bombay High Court on Monday heard Bhima Koregaon- Elgar Parishad Case accused – Advocate Surendra Gadling’s plea challenging the Special NIA Court’s order refusing him temporary bail for his mother’s last rites in 2020.
Gadling was arrested on June 6, 2018. This day, three years ago. He faces charges under sections 121, 121A, 124A, 153A, 505(1)(b), 117, 120b r/w 34 of the IPC and sections 13,16,17,18,18-B,20,38,39 and 40 of the UAPA along with 14 other activists. Father Stan Swamy, the 16th accused to be arrested, passed away yesterday.
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Father Stan Swamy Passes Away Ahead Of His Bail Hearing / Lawyer Demands Judicial Inquiry

Father Stan Swamy Passes Away Ahead Of His Bail Hearing / Lawyer Demands Judicial Inquiry

Father Stan Swamy Passes Away Ahead Of His Bail Hearing In Bombay High Court

05/07/2021

Live Law / by Sharmeen Hakim

Octogenarian tribal rights activist Father Stan Swamy, an undertrial prisoner in the Bhima Koregaon case, passed away today at 1.30 PM, a month after he was admitted to a private hospital in Mumbai, following court’s orders.
This fact was told by Swamy’s counsel to the Bombay High Court, which was hearing his application for bail on medical grounds.
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Stan Swamy Passes Away After Contracting COVID-19 in Jail, Lawyer Demands Judicial Inquiry

05/07/2021

The Wire / by The Wire Staff

The 84-year-old tribal rights activist had been seriously ill since May, but was moved to a private hospital only after the high court intervened.
Jesuit priest and tribal rights activists Stan Swamy passed away on Monday afternoon, two days after he was placed on ventilator support in Mumbai’s Holy Family Hospital. Swamy had tested positive for COVID-19 and was shifted out of the Taloja central prison to a private hospital over a month ago.
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Urgent need for bail and and specialised medical treatment for critical Stan Swamy

Urgent need for bail and and specialised medical treatment for critical Stan Swamy

An Open Letter To Bombay High Court CJI To Save Stan Swamy

05/07/2021

Outlook India / by PUDR

In light of the worsening health conditions of Father Stan Swamy, who was arrested in connection to the Elgar Parishad case in October last year, the People’s Union for Democratic Rights (PUDR) has written an open letter to the Chief Justice of Bombay High Court, seeking immediate intervention in the case.
The complete letter sent by PUDR is published below.
Read full statement


Jharkhand Janadhikar Mahasabha (July 5):
Stan’s condition exposes how the Bhima-Koregaon case, based on fabricated charges, is being used to target activists. We reiterate – Drop all charges against Stan Swamy and all other BK16, set them free and close the BK conspiracy case +++


Urgent need for bail and specialised medical treatment for critical Stan Swamy

04/07/2021

by Jharkhand Janadhikar Mahasabha

Mahasabha demands from the central & Maharashtra governments that all necessary medical and specialised treatment be urgently ensured for Stan Swamy. We further demand that the High Court immediately grants him bail.


NHRC asks Maharashtra Chief Secretary to ensure every possible medical treatment to the imprisoned FR. Stan Swamy as part of life saving measure and protection of his basic human rights

04/07/2021

By National Human Rights Commission

Press release
The National Human Rights Commission, NHRC, India looking into the complaint alleging serious health condition of imprisoned FR. Stan Swamy( 84yrars), has today issued a notice to the Chief Secretary, Government of Maharashtra, calling upon him to ensure that every possible efforts are made in providing him proper medical care and treatment as part of life saving measure and protection of his basic human rights. The Commission has also called for a report in the light of the allegations made in the complaint and the treatment record of FR Swamy, who is very old and lodged in Taloja Jail, Navi Mumbai.
Read full statement


by Indian Social Institute (July 4):
Stan is on ventilator and his condition is critical. Prayers requested +++


by Mary Lawlor UN Special Rapporteur HRDs (July 4):
Horrible news to learn that Indian HRD Fr. Stan Swamy is in very serious condition & was put on a ventilator last night. He’s spent 9 months in jail on unfounded charges.I’m deeply saddened & expect that every possible specialist treatment will be provided to him +++

by Karwan e Mohabbat (July 4):
News coming in that Fr #StanSwamy’s health has deteriorated in hospital. We urge the government provide him the best medical intervention. After a life of selfless service for those who are oppressed, Stan Swamy has been incarcerated under UAPA despite no evidence against him +++


Ensure Every Possible Medical Treatment To Imprisoned FR. Stan Swamy To ‘Protect’ His Human Rights: NHRC To Maharashtra Chief Secretary

Live Law / by Sparsh Upadhay

In a significant move, the National Human Rights Commission, NHRC, India has asked Maharashtra’s Chief Secretary to ensure that every possible medical treatment is provided to the imprisoned FR. Stan Swamy (currently lodged in Taloja Jail, Navi Mumbai) “as part of life-saving measure and protection of his basic human rights.”
NHRC has issued the notice in view of the complaints alleging the serious health condition of imprisoned FR. Stan Swamy (84yrars).
Read more


Activist Stan Swamy put on ventilator support at Mumbai hospital as health deteriorates

04/07/2021

Scroll.in / by Scroll Staff

Swamy is in a critical condition, his friend and colleague Father Joseph Xavier said.
Tribal rights activist Stan Swamy was put on ventilator support at the Holy Family Hospital in Mumbai on Sunday, his friend and colleague Father Joseph Xavier said.
“He [Swamy] was put on ventilator early this [Sunday] morning,” Xavier told Scroll.in. “He remains in a critical condition.”
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Stan Swamy to stay in Bandra private hospital till July 6

Stan Swamy to stay in Bandra private hospital till July 6

The Indian Express / by Express News Service

On June 17, taking note of “serious medical issues” in his hospital report, the HC had extended the stay of Father Stan Swamy, Holy Family Hospital for two weeks, till July 5.
The Bombay High Court Friday said Father Stan Swamy, the 84-year-old Jesuit priest and activist arrested last year in the Elgaar Parishad case, can remain in Bandra’s Holy Family Hospital till July 6. It is expected to hear Swamy’s bail plea on the day.
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Insurmountable Condition For Bail: Stan Swamy Challenges Constitutionality Of Section 43D(5)

Insurmountable Condition For Bail: Stan Swamy Challenges Constitutionality Of Section 43D(5)

Insurmountable Condition For Bail: Stan Swamy Challenges Constitutionality Of Section 43D(5) In Bombay High Court

03/07/2021

Live Law / by Srishti Ojha

Octogenarian Stan Swamy, a tribal rights activist, from Ranchi and accused in the 2018 Bhima Koregaon – Elgaar Parishad case, has moved the Bombay High Court challenging the Section 43-D (5) of the Unlawful Activities Prevention Act, which imposes strict conditions for grant of bail, for being violative of Articles 14, 19 and 21 of the Constitution.
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Fr Stan Swamy challenges constitutional validity of UAPA’s bar on grant of bail before Bombay HC

03/07/2021

The Leaflet / by The Leaflet

Father Stan Swamy, an accused in the Bhima Koregoan case, has approached the Bombay HC challenging Section 43D(5) of the Unlawful Activities (Prevention) Act [UAPA] which bars grant of bail if the accusation is prima facie true.
In his plea, Swamy has contended that this provision creates an unsurmountable hurdle for the accused to get bail and, thus, is violative of Articles 14 (right to equality)  and 21 (right to life and personal liberty) of the Constitution.
Read more

Special court rejects pleas for cloned copies of digital hard disc recovered by investigating agency

Special court rejects pleas for cloned copies of digital hard disc recovered by investigating agency

The Times of India / by Swati Deshpande

A special court in Mumbai on Wednesday rejected applications made by few of the 2018 Elgar Parishad case accused for cloned copies of digital hard disc recovered by the investigating agency.
The special National Investigation Agency Judge court said it heard arguments advanced for and against grant of such clone copies and by a common order rejected five applications.
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Also read: In Bhima-Koregaon Case, More Damning Signs of Planted Evidence (article14, April 2021)

On Sudha Bharadwaj’s bail plea, Bombay HC asks NIA, Maharashtra to respond by July 2

On Sudha Bharadwaj’s bail plea, Bombay HC asks NIA, Maharashtra to respond by July 2

Bombay High Court Seeks Reply On Sudha Bharadwaj’s Plea For Default Bail In Bhima Koregaon Case

22/06/2021

Live Law / by Sharmeen Hakim

The Bombay high Court on Tuesday directed the National Investigating Agency and State to file their replies in lawyer-activist Sudha Bharadwaj’s plea seeking default bail on the grounds that the Pune judge was not authorized to take cognizance of the charge sheet filed under the Unlawful Activities (Prevention) Act against her, in 2019.
A division bench of Justices SS Shinde and NJ Jamadar passed the order on Bharadwaj’s plea under Sections 439 and 167 (2) of the Criminal Procedure Code.
Advocate Sandesh Patil for the NIA sought time to reply to the contentions following which the respondents have been asked to filed their replies by July 2 and the matter is posted for hearing on July 3.
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On activist Sudha Bharadwaj’s bail plea, Bombay HC asks NIA, Maharashtra to respond by July 2

22/06/2021

Scroll.in / by Scroll Staff

Bharadwaj argued that the judge who allowed Pune Police more time to file the chargesheet against her was not a special judge and hence cannot take cognisance.
The activist had moved the High Court for default bail on June 11. Bharadwaj sought bail on the grounds that the Pune Police did not file a chargesheet against her within 90 days, as required under Section 167(2) of the Code of Criminal Procedure. The inquiry in the case was later taken over by the National Investigation Agency.
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Sudha Bharadwaj Moves Bombay High Court Seeking Default Bail

11/06/2021

Live Law / by Sharmeen Hakim

Lawyer-Activist Sudha Bharadwaj, an accused in the Bhima Koregaon – Elgar Parishad case, has approached the Bombay High Court seeking default bail contending that the trial judge was not authorised to take cognisance of the 2019 charge sheet against her.
Her application under section 167 (2) of the Criminal Procedure Code cites RTI replies to demonstrate that the court of Additional Sessions Judge Kishor Vadane in Pune was not authorised to take cognisance of the 1,800-page supplementary charge sheet filed by the Pune Police in February 21, 2019.
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Bombay HC Extends Stan Swamy’s Hospital Stay Till July 5 / NIA to HC: Swamy is an active member of CPI (M)

Bombay HC Extends Stan Swamy’s Hospital Stay Till July 5 / NIA to HC: Swamy is an active member of CPI (M)

Swamy is an active member of CPI (M), evidence shows his complicity; NIA tells Bombay HC

19/06/2021

Free Press Journal / by Narsi Benwal

The National Investigation Agency (NIA) on Thursday told the Bombay High Court bench of Justices Sambhaji Shinde and Nizamoodin Jamadar that there is sufficient material to prosecute arrested Jesuit Priest Stan Swamy under the UAPA law. The agency has said Swamy is an active member of banned outfit CPI (Maoist) and it could be established with his ‘Lal Johar’ aka ‘Lal Salaam’ salutations.
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He Is Critical And Require Intensive Care: Bombay HC Extends Stan Swamy’s Hospital Stay Till July 5

17/06/2021

Live Law / by Srishti Ojha

The Bombay High Court on Thursday extended 84-year-old tribal rights activist from Ranchi Father Stan Swamy’s private hospital stay till July 5th after perusing his Medical report which stated that he continues to be critical and requires intensive care.
“As per detailed medical report, it is suffice to record that Medical Director has reported that he continues to be critical and requires intensive care. In view of aforesaid report, we deem it appropriate to extend the admission of the appellant in Holy Family Hospital Bandra in terms of orders passed by this court on May 28th 2021 till July 5th 2021. Appeal be listed on July 3rd.” the Bench noted.
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