Conspirators or victims of a conspiracy?

There is the need for a fair and independent investigation into the reported finding that one of the accused in the Bhima-Koregaon case, Rona Wilson, was framed as part of a conspiracy, and the evidence that was claimed to have been found against him in the case was planted. The claimed evidence is electronic, and according to a petition filed by Wilson in the Bombay High Court, examination by a US forensic audit firm has found that his computer was accessed by unknown hackers who planted documents in it. He has told the court that the malware introduced by the outsiders reportedly planted a hidden folder with documents in the computer. The police later retrieved the documents to show that he and other activists, who were also arrested and are in jail now, were linked to a banned Maoist organisation and were conspiring to assassinate the Prime Minister.

This is a serious charge because Wilson and other activists, including well-known personalities, some of whom are old and ailing, are languishing in jail after being arrested under the Unlawful Activities (Prevention) Act in connection with the Bhima-Koregaon violence. Violence erupted in the vicinity of a war memorial in Koregaon Bhima on January 1, 2018, allegedly after provocative speeches were made at the Elgar Parishad conclave a day earlier. They have also been accused of being part of a conspiracy, but if the audit firm’s findings are correct, they are victims of a conspiracy. The US lab made an examination of the forensic images of the digital devices which were made available to Wilson’s legal team by the National Investigation Agency (NIA). It has been claimed that Wilson’s computer was compromised as early as 2016 when he opened a file which was made to look like it was from Varavara Rao, another accused in the case. The US firm has said that “this is one of the most serious cases involving evidence tampering’’ it has ever encountered.

The NIA has denied the charges and said that the forensic analysis conducted in India by the Regional Forensic Science Laboratory, Pune, had shown no evidence of any malware in any device. It also said that there was “substantial documentary and oral evidence” against the persons charged in the case. But the findings were made by a lab which has high professional reputation and credibility. It was submitted to the court by Wilson as part of his defence and so it cannot be dismissed outrightly. It is for the court to find the truth in the case by ordering an investigation into the matter. This is especially important because the case against the activists has drawn criticism even without the forensic report which has come to light now.