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5 years on, charges not framed; here’s a timeline of the case

5 years on, charges not framed; here’s a timeline of the case

poster by @/bakeryprasad

Free Press Journal / by Jal Khambata

It has been five years and the case has witnessed arrests of several activists (some getting bail after long incarceration) for alleged conspiracy and covert involvement in the Elgar Parishad gathering purportedly leading to the January 1, 2018 violence during the bicentenary celebrations of the Battle of Bhima Koregaon.
Last week, during a hearing in the Bhima-Koregaon case, the Supreme Court was struck with an application by the special National Investigation Agency (NIA) court for an extension of one more year to frame charges in the Bhima Koregaon case.
Read more


Also read:
As Bhima Koregaon case completes its fourth anniversary, State reprisal is writ large in its twists and turns (The Leaflet / June 2022)

Court seeks one more year to decide on framing charges / 5 years on, charges not framed

Court seeks one more year to decide on framing charges / 5 years on, charges not framed

Poster by #bakeryprasad

5 years on, charges not framed despite repeat extensions

19/01/2023

Sabrangindia / by Sanchita Kadam

The Special NIA Court has said that it will first need to dispose the discharge applications filed by the accused, before deciding on framing of charges
The Special NIA court, Mumbai has sought a time extension of one more year from the Supreme Court to frame charges in the case. This request was sent in November last year. On January 16, the Supreme Court said that it will proceed with hearing bail applications of activists Vernon Gonsalves and Arun Ferreira from January 30.
Last year in August while hearing Gonsalves’ plea, the apex court had given the Special Court three months’ time to decide whether charges are required to be framed against the accused or not. This three month period ended in November 2022, just when the Special Court sought an extension for another year!
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Elgaar Parishad case: Court seeks one more year to decide on framing charges

18/01/2023

The Indian Express / by Sadaf Modak

On August 18, the Supreme Court had directed the trial court to decide on these aspects within three months, granting it time till last November.
The special court hearing the Elgaar Parishad case in Mumbai had last November sought an extension of one year to decide whether to frame charges against the accused and also take a call on their discharge applications.
Read more


Also read:
4 years, 16 arrests and no framing of charges: The many twist and turns of Elgaar Parishad case (The Indian Express / Oct 2022)
Supreme Court directs trial court to expeditiously frame charges and decide discharge pleas (The Leaflet / Aug 2022)

CPI(M): Release Elgar Parishad Political Prisoners Immediately

CPI(M): Release Elgar Parishad Political Prisoners Immediately

Click to enlarge posters. Posters by CPI(M)/@cpimspeak (Dec 14, 2022)

CPI(M): Release Elgar Parishad Political Prisoners Immediately

01/01/2023

Peoplesdemocracy.in / by Maharashtra state committee of the CPI (M)

There is no connection between the Elgar Parishad at Pune and the violence that erupted at Bhima Koregaon on January 1, 2018. This was part of the deposition made by the then investigating senior police officer, Ganesh More, before the N J Patel Commission set up by the Maharashtra government. The Maharashtra state committee of the CPI(M) strongly demands that, in the light of this revelation, all the Bhima Koregaon political detenus languishing in prison be immediately released.
Read full statement


Also read:
‘By Targeting Elgaar Parishad, Modi Was Getting Back at Justice Sawant’ (Newsclick.in / Dec 30, 2022)
Top Investigating Officer Admits Elgar Parishad Event ‘Had No Role’ in Bhima Koregaon Violence (The Wire / Dec 27, 2022)
Cop: No Link Between Elgar Parishad and violence at Bhima Koregaon on Jan 1, 2018 (Rediff.com / Dec 22, 2022)

Huge turnout at 205th anniversary of battle of Koregaon Bhima

Huge turnout at 205th anniversary of battle of Koregaon Bhima

Bhima Koregaon victory remembered in Sakleshpur

02/01/2023

The Hindu / by THE HINDU BUREAU

The anniversary of Bhima Koregaon victory was celebrated in Sakleshpur on Sunday. 
Hundreds of people took part in the procession held in memory of the battle held in 1818, in which a few hundred Mahar soldiers of East India Company defeated the Peshwa army at Bhima Koregaon in Pune. A replica of Bhima Koregaon pillar was carried along the procession. A federation of Scheduled Castes and Scheduled Tribes had organised the event.
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Huge turnout at 205th anniversary of battle of Koregaon Bhima

02/01/2023

The Indian Express / by Chandan Haygunde, Sushant Kulkarni

As per a Dalit narrative, a British Army comprising 500 soldiers from the Mahar community defeated a 25,000-strong force of upper caste Peshwas in the battle of Koregaon Bhima.
The programme to mark the 205th anniversary of the Battle of Koregaon Bhima at the ‘Jaystambh’ in Perne village of Pune district passed off peacefully on Sunday. ‘Jaystambh’ is a ‘military monument’ erected by the British government in 1821 in memory of its soldiers, who fought against the Peshwas during the Maratha rule at Koregaon Bhima on January 1, 1818.
Read more


Bhima-Koregaon battle anniversary passes peacefully amid heavy security with lakhs in attendance

01/01/2023

The Hindu / by Shoumojit Banerjee

The 205th anniversary of the Bhima-Koregaon battle passed without incident as lakhs of Ambedkarites from across Maharashtra and the country congregated near the Ranstambh (victory pillar) in Perne village in Pune district on Sunday under heavy security cover.
Crowds have been steadily milling in Bhima-Koregaon since Saturday evening to pay floral tributes to the bravery of the Mahar soldiers who fought against the Peshwa forces in the 1818 battle.
Read more


Battle of Koregaon Bhima anniversary: Thousands start paying respects at Jaystambh amidst heavy police deployment

01/01/2023

The Indian Express / by Express News Service

The district administration said it is expecting a turnout of over five lakh people this year. The police identified dozens of social media posts which can potentially lead to law and order and situation and initiated a process to delete them.
Thousands of followers have started to arrive at the Jaystambh in Pune’s Perne village marking the 205th anniversary of the Battle of Koregaon Bhima Sunday amidst heavy police deployment. The police said they are keeping a close watch on the social media posts related to the subject.
Read more


#BhimaKoregaon

by Siddhesh Gautam / @siddheshgautam (Jan 1, 2023):

Happy New Year/ Happy Bhima Koregaon Day, 2023
#JaiBhim #BhimaKoregaon #bakeryprasad

by Shiv Kumar / @ShivKumar_mas (Jan 1, 2023):

by AISA – DU / @aisa_du (Jan 1, 2023):

Remember the battle of Bhima Koregaon! Fight for the freedom of all those incarcerated in false cases! (1)
On January 1 every year, Dalits and Bahujans gather at Bhima Koregaon near Pune to commemorate the anniversary of the Bhima Koregaon (2)
near Pune to commemorate the anniversary of the Bhima Koregaon Battle of 1818 in which the British Bombay Native Infantry, comprising mostly Mahar Dalit soldiers, defeated the Peshwa army. This date is revered by the Dalits as a victory against the Brahminical Peshwas. (3)
But in 2018, those gatherings for the function were attacked violently by men carrying saffron flags, and one man was killed and several injured as a result. (4)
At Vadhu Budruk close to Bhima Koregaon, stones were pelted at Dalits and organised ‘social boycott’ against Dalits en route to the function. (5)
Though a large gathering of Dalit-Bahujans was fully expected at Bhima Koregaon, the police presence to protect the gathering was negligible. (6)
Milind Ekbote of Samast Hindu Aghadi and Sambhaji Bhide of Shiv Pratishthan Hindustan led the attacks; Ekbote is a former corporator from the BJP andBhide also is close to top BJP and Shiv Sena leaders. (7)
Since then, the BJP government has used the violence inflicted by the RSS lackeys as a scapegoat for an all out attacks on the people and the Constitution. (8)
Several activists and intellectuals have been arrested on fabricated charges under the draconian UAPA. (9)
Teachers and intellectuals like Hany Babu, Anand Teltumbde, Shoma Sen, Rona Wilson, Gautam Navlakha among others languish in jail while Milind Ekbote and the saffron goons roam free! (10)
We remember Stan Swamy! We remember your crimes in Bhima Kroegaon! Long live the battle of Dalits against caste system! Free all political prisoners!
AISA

Also Read:
Karni Sena demands demolition of Bhima Koregaon memorial, ban on annual celebration (Scroll.in / Dec 30, 2022)
Let’s Remember the Lesson of Bhima Koregaon: Down with the New Peshwai (Sanhati│ by Sudhir Dhawale │ March 2018)
The Myth of Bhima Koregaon Reinforces the Identities It Seeks to Transcend (The Wire | Anand Teltumbde | Jan 2018)
Why peoples’ coalitions are uniting against Hindutva — the ‘new Peshwai’ (Dailyo.in │ by Arun Ferreira and Vernon Gonsalves │ Jan 30, 2018)

5 years on, Bhima Koregaon violence accused yet to get 60% of clone copies

5 years on, Bhima Koregaon violence accused yet to get 60% of clone copies

poster by @/bakeryprasad

The Hindu / by Sonam Saigal

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


Also read:
Hackers Planted Files to Frame an Indian Priest Who Died in Custody (Wired / Dec 13, 2022)
Leaked Data Shows Surveillance Net in Elgar Parishad Case May Have Crossed a Line (The Wire / July 2021)

»By Targeting Elgaar Parishad, Modi Was Getting Back at Justice Sawant«

»By Targeting Elgaar Parishad, Modi Was Getting Back at Justice Sawant«

Graphic by Arun Ferreira & Vernon Gonsalves

NewsClick / by Ajaz Ashraf

On the fifth anniversary of the Elgaar Parishad, on 31 December, NewsClick spoke to former Justice BG Kolse Patil, one of its organisers, on how controversy overtook the event.
Few outside Maharashtra had heard of the Marathi word Elgaar, let alone understood its meaning, until 2018. Elgaar was the name given to a meeting of people, or Parishad, convened at the Shaniwarwada Fort ground, Pune, on 31 December 2017, a day before lakhs of Ambedkarites were to visit Bhima Koregaon village from around the country. The date 1 January 2018 was special, for it marked the 200th anniversary of the battle of Bhima Koregaon, which the Ambedkarites frame as their victory over the army of Peshwa Baji Rao II (1775-1851).
Read more


Also Read:
Let’s Remember the Lesson of Bhima Koregaon: Down with the New Peshwai (Sanhati│ by Sudhir Dhawale │ March 2018)
Why peoples’ coalitions are uniting against Hindutva — the ‘new Peshwai’ (Dailyo.in │ by Arun Ferreira and Vernon Gonsalves │ Jan 30, 2018)

Free Elgar Parishad political prisoners, demands Maha CPI(M)

Free Elgar Parishad political prisoners, demands Maha CPI(M)

The Siasat Daily / by IANS

CPI(M) Secretary Dr Uday Narkar said that the then Investigating Officer of Pune Police Ganesh More had made a deposition to the effect before Justice J. N. Patel Commission which probed the events.
Mumbai: Against the backdrop of the revelations that there was no connection between the Elgar Parishad held in Pune on December 31, 2017 and the caste violence that erupted in Bhima Koregaon on January 1, 2018, the Communist Party of India (Marxist) demanded the immediate release of those arrested in connection with the incidents, here on Saturday.
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.

Click to enlarge posters

Also read:
Cop: No Link Between Elgar Parishad and violence at Bhima Koregaon on Jan 1, 2018 (Rediff.com / Dec 22, 2022)

Fight to clear Fr Stan Swamy’s name ‘will continue’ / Activists Call for Release of Accused

Fight to clear Fr Stan Swamy’s name ‘will continue’ / Activists Call for Release of Accused

Dec 22, 2022, Pic by MRSD

The death of Fr. Stan Swamy was finalised the day he was arrested: Senior Advocate Mihir Desai

26/12/2022

Sabrang / by Sabrangindia

A Press Conference discussing the recent Arsenal report, and the tampering of evidence in Late Fr. Stan Swamy’s Case
A press conference was organised by the Mumbai Marathi Patrakar Sangh in Mumbai on December 22, 2022. The aim of this press conference was to discuss the issue of reports recently released suggesting fabrication of evidence on the computer of Father Stan Swamy. The speakers at this conference were Fr. Joe Xavier, Fr. Frazer Mascarenhas, Senior Advocate Mihir Desai and Former Professor Nagarjuna G. There were almost 30-40 journalists present in the audience.
Read more


‘Mumbai Rises to Save Democracy’

23/12/2022

Rediff.com / by Neeta Kolhatkar

The State has played with their lives.’
‘Arsenal proved the machines were hacked and false evidence implanted with false files and letters.’

An independent organisation, ‘Mumbai Rises To Save Democracy’, called upon the public and media to raise their voices against the authoritarian State.
This call comes after the United States-based digital forensics firm Arsenal Consulting revealed that several incriminating documents were planted on the computers of the late Father Stan Swamy, Rona Wilson and Surendra Gadling, accused in the Bhima Koregaon case.
Read more


‘Fr Stan Swamy did not even access plants on his computer’

23/12/2022

Hindustan Times / by Gautam S Mengle

Mihir Desai, Senior Advocate at High Court of Bombay, Fr. Joe Xavier, Convenor of Fr. Stan Swamy Legacy Committee of the Jesuits, Fr. Frazer Mascarenhas, Former Principal of St. Xavier’s College in Mumbai along with Nagarjuna G., Former Professor of Homi Bhabha Centre for Science Education, TIFR, during the press conference on “Fabricating Evidence Against Life & Liberty: Tampering with Fr. Stan Swamy’s computer and its implications for Bhima Koregaon case, at Mumbai Marathi Patrakar Sangh (MMPS), near Azad Maidan, in Mumbai, India, on Thursday, December 22, 2022.
Read more


Stan Swamy didn’t access files used against him, evidence fabricated: US-based forensics firm

22/12/2022

India Today / by Mustafa Shaikh

Evidence against Late Father Stan Swamy in the Bhima Koregaon case was planted and fabricated, US-based digital forensics firm, Arsenal Consulting, stated in a report.
Evidence against Late Father Stan Swamy in the Bhima Koregaon case was planted and fabricated. His computer was compromised by the same attacker who hacked the computers of co-accused Rona Wilson and Surendra Gadling, US-based digital forensics firm, Arsenal Consulting, stated in a report.
Swamy’s lawyer and friends revealed details of the report and their further course of action on Thursday.
Read more


‘Stan Swamy was jailed as he used law to help adivasis’

22/12/2022

Times of India / by TNN

Why did Fr Stan Swamy, an 80-year-old Jesuit and tribal rights activist, find himself in the crosshairs of the investigating agencies? At a news meet on Thursday, a panel comprising close associates claimed it was because Swamy had used the legal system to help tribals, whose lands were illegally grabbed. “Stan worked for justice and paid the price for it,” said Fr. Joe Xavier, ex-executive director of Indian Social Institute.
Read more


Poster by #bakeryprasad

Activists Call for Release of Accused in Elgar Parishad Case, Probe into ‘Fabrication’ of Evidence

22/12/2022

The Wire / by The Wire Staff

There is a fresh demand for an impartial probe from activists in the wake of a recent report by a US-based digital forensics firm stating that ‘incriminating evidence’ was ‘planted’ on the laptop of activist Stan Swamy, an accused in the case. 
Human rights activists, lawyers and academicians on Thursday, December 22, called for the release of the accused persons in the Elgar Parishad case and an impartial probe into the allegations of tampering of electronic devices and fabrication of evidence of all those accused in the case.
Read more


Fight to clear Fr Stan Swamy’s name ‘will continue’

23/12/2022

UCA News / by UCA News reporter

A recent report by US digital forensics firm reveals how the late Jesuit priest was implicated by planted false evidence
Friends and colleagues of a dead Jesuit Indian priest have pledged to continue the fight “to clear his name from the false cases” that led to his arrest, imprisonment and death in custody.
Father Stan Swamy, the 84-year-old priest and indigenous rights activist died on July 5, 2021, after being denied timely medical treatment for Parkinson’s disease and other age-related ailments.
Read more


NIA may be suppressing probe findings: Stan Swamy’s lawyer Mihir Desai

23/12/2022

Midday.com / by Nascimento Pinto

The participants called for the release of the remaining co-accused in the Bhima Koregaon conspiracy case, along with an independent impartial investigation into the tampering of electronic devices and fabrication of evidence of all those accused in the case.
Almost a week after American digital forensics firm ‘Arsenal Consulting’ revealed in a detailed report that tribal rights activist Father Stanislaus Lourdes Swamy’s computer was tampered with and ‘evidence’ was planted on it, human rights activists, lawyers and academicians vowed to secure justice for the late Ranchi-based priest and those accused of terror links in Bhima-Koregaon case.
Read more


Video: Press Conference by Mumbai Rises to Save Democracy (MRSD)

22/12/2022

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”


en | 1:31 | 2022
Watch video

Reports say ‘evidence’ against Bhima Koregaon accused was planted – so why are they still in jail?

Reports say ‘evidence’ against Bhima Koregaon accused was planted – so why are they still in jail?

Poster by #bakeryprasad

Scroll.in / by Umang Poddar

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


Also read:
● Will the bail granted to Anand Teltumbde help others in the Bhima Koregaon case to get out of jail? (Scroll.in / Nov 2022)

Press Conference / Statement by MRSD: Fabricating Evidence – Tampering with Fr. Stan Swamy’s computer

Press Conference / Statement by MRSD: Fabricating Evidence – Tampering with Fr. Stan Swamy’s computer

By Mumbai Rises to Save Democracy (MRSD)

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.


en | 1:31 | 2022
Watch video


Press Statement

22/12/2022

By Mumbai Rises to Save Democracy*

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.

Also read:
Hackers Planted Files to Frame an Indian Priest Who Died in Custody (Wired / Dec 13, 2022)