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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
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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)

Life and liberty in the Bhima Koregaon case / Report points to a conspiracy

Life and liberty in the Bhima Koregaon case / Report points to a conspiracy

Poster by #bakeryprasad

Life and liberty in the Bhima Koregaon case

17/12/2022

The New Indian Express / by Pratik Kanjilal

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

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

Indian government asked to apologize for framing Stan Swamy / Govt to ‘take full responsibility’

Indian government asked to apologize for framing Stan Swamy / Govt to ‘take full responsibility’

Stan Swamy. Poster by #bakeryprasad

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.

Click to enlarge

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)

Incriminating document found in Stan Swamy’s computer ‘planted’; similar tampering found in other Bhima Koregaon accused

Incriminating document found in Stan Swamy’s computer ‘planted’; similar tampering found in other Bhima Koregaon accused

Poster by #bakeryprasad

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

Also read:
● Police Linked to Hacking Campaign to Frame Indian Activists (Wired.com / June 2022)

Granted Bail on ‘Merits’, Bombay HC Order on Anand Teltumbde Is Significant

Granted Bail on ‘Merits’, Bombay HC Order on Anand Teltumbde Is Significant

The Wire / by Sukanya Shantha

While Sudha Bharadwaj secured a ‘default bail’, Varavara Rao is out on medical bail. The order in Teltumbde’s case is significant, because for the first time in the case, a court has dealt with the merits of the allegations levelled.
Observing that there is “no proof or any material” to show that 73-year-old civil liberties activist and academic Anand Teltumbde had made international visits sponsored by the banned CPI (Maoist) organisation, the Bombay high court on Friday, November 18, granted him bail.
Read more

After 5 benches recuse, Rona Wilson seeks suitable HC bench

After 5 benches recuse, Rona Wilson seeks suitable HC bench

After 5 benches recuse, Elgaar case accused seeks suitable HC bench

30/09/2022

The Indian Express / by Sadaf Modak

Wilson had, in February 2021, moved a petition before the high court citing the report of a US-based digital consultant which said that his computer was ‘infected with malware’ planted two years before his arrest in 2018. The last effective hearing before the high court on Wilson’s petition was on August 4, 2021.
Activist Rona Wilson, an accused in the Elgaar Parishad case, on Thursday told a special court that he has written to the Chief Justice of Bombay High Court seeking a suitable bench to hear and dispose of a petition filed by him in a time-bound manner, as five benches have, so far, recused themselves from hearings on the case.
Read more

Rona Wilson writes to high court CJ for early hearing of discharge plea

30/09/2022

Hindustan Times / by Charul Shah

Rona Wilson, an accused in the Elgar Parishad-Bhima Koregaon violence case, has requested the Chief Justice of Bombay high court to expedite the hearing of his discharge plea based on the report by an American digital consultancy firm.
He had approached the high court in February last year to quash the case against him and to issue directions for setting up a special investigation team headed by a retired supreme court or high court judge to conduct a forensic analysis of the electronic evidence the police claimed to have collected against the accused.
Read more

Also read:
● Police Linked to Hacking Campaign to Frame Indian Activists (Wired.com / June 2022)
● In Bhima-Koregaon Case, More Damning Signs of Planted Evidence (article14 / March 2021)

Supreme Court ticks off govt on seizure of personal devices

Supreme Court ticks off govt on seizure of personal devices

The Telegraph / by R. Balaji

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

Also read:
● Despite the Evidence, Courts Yet to Take Note of Spyware Used Against Elgar Parishad Accused (The Wire / July 2022)
● Police Linked to Hacking Campaign to Frame Indian Activists (Wired.com / June 2022)

Arun Ferreira Claims NIA Intercepted Emails ‘Without Proper Authorisation’

Arun Ferreira Claims NIA Intercepted Emails ‘Without Proper Authorisation’

Arun Ferreira

Arun Ferreira Claims NIA Intercepted Emails ‘Without Proper Authorisation’

30/07/2022

The Wire / by The Wire Staff

The National Investigation Agency, however, contended that the emails were not intercepted, but were downloaded during the investigation by following due procedure.
Activist Arun Ferreira, an accused in the Elgar Parishad-Maoist links case, told a special court here on Friday, July 29, that the electronic evidence (emails), relied on by the prosecution as evidence in the case, was obtained “without proper authorisation”.
The National Investigation Agency (NIA), however, contended that the emails were not intercepted, but were downloaded during the investigation by following due procedure.
Read more

Elgar Parishad case: Accused claims emails intercepted without valid authorisation

30/07/2022

Hindustan Times / by Charul Shah

While arguing his plea on Friday, Ferreira said that the court hast scheduled the case for framing of charges hence before trial began, the should be provided with a copy of the order.
Arun Ferreira, one of the accused in the Elgar Parishad case, on Friday alleged that the email recovered from the devices of accused Rona Wilson by the prosecutions was intercepted without any valid authorisation.
Read more

ED moves NIA Court to question accused Surendra Gadling in money laundering case

30/07/2022

Bar & Bench / by Satyendra Wankhade

The Special NIA Court has granted time to Gadling to respond to ED’s application by August 10.
… Meanwhile Arun Ferreira – another accused in the Elgaar Parishad case – on Friday told a special court that certain emails relied upon by the prosecution as evidence were intercepted without authorisation as the National Investigating Agency (NIA) had not provided an order from a competent authority regarding their interception.
Read more

Despite the Evidence, Courts Yet to Take Note of Spyware Used Against Elgar Parishad Accused

Despite the Evidence, Courts Yet to Take Note of Spyware Used Against Elgar Parishad Accused

The Wire / by Sukanya Shantha

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

Also read:
● Police Linked to Hacking Campaign to Frame Indian Activists (Wired.com / June 2022)
● Leaked Data Shows Surveillance Net in Elgar Parishad Case May Have Crossed a Line (The Wire / July 2021)

Why did India´s media ignore Wired story on plice planting evidence against Bhima Koregaon activists?

Why did India´s media ignore Wired story on plice planting evidence against Bhima Koregaon activists?

Newslaundry / by Kalpana Sharma

News is always “breaking” and stories are sometimes “broken”. But then you also have important stories that are “broken” but are quickly forgotten. Not always deliberately, although sometimes that is the case. Quite often because there is just too much news breaking all around us, genuine and fake. As a result, many important stories that need to be followed up are relegated to the archives.
… But first to an important investigative story that got barely reported in the Indian media.
I refer to the remarkable story broken by the Wired magazine on June 16. Headlined “Police linked to hacking campaign to frame Indian activists”, the story describes in some detail how the Indian police were able to plant evidence on the computers of some activists that ultimately led to their arrest.
Read more

Also read:
● Police Linked to Hacking Campaign to Frame Indian Activists (Wired.com / June 2022)
● The unravelling of a conspiracy: were the 16 charged with plotting to kill India’s prime minister framed? (The Guardian / Aug 2021)
● Explainer: Arsenal Report on Surendra Gadling (The Leaflet / July 2021)
● They were Accused of plotting to overthrow the Modi government – The evidence was planted, a new report says (Washington Post / Feb 2021)