The Fraudulent and Bogus Bhima Koregaon-Elgar Parishad Case

Grossly Mind-boggling Injustice: Framing & Arresting Innocent People to Protect the Guilty

The Elgar Parishad (or Bhima Koregaon-Elgar Parishad) case is claimed by its critics to be "fraudulent" primarily because of allegations that key electronic evidence used against several accused persons was planted on their computers through malware, and because of broader concerns about the investigation and prolonged incarceration of the accused. However, it is important to note that these are allegations and findings advanced by defense lawyers, independent forensic experts, and civil liberties groups, while the NIA and prosecution reject those claims and maintain that the case is genuine. 

How It All Started

A large number of Dalits came together at the Vijay Stambh memorial at Koregaon Bhima to commemorate the battle of 1828 where Mahar soldiers fighting under the British army vanquished the Peshwa forces.

Clashes broke out between the Dalit attendees and local right-wing groups of upper caste fascists carrying saffron flags, which led to stone-pelting, arson, murder, and statewide protests across Maharashtra.

The Dalit victims initially filed FIRs blaming Hindutva leaders Milind Ekbote and Sambhaji Bhide for their role in inciting the mob against the Dalit procession. While Ekbote was briefly arrested and subsequently released on bail, Bhide faced no immediate police action at all.

Here, it must be borne in mind that Ekbote and Bhide were blue-eyed boys of the fascist BJP regime in Maharashtra led by Devendra Fadnavis. In fact, Bhide was allegedly to be close to top BJP leaders including the Indian Prime Minister Narendra Modi.

Arresting the "Usual Suspects"

Why critics call it fraudulent

1. Evidence-planting allegations

 •One of the strongest basis for the "fraudulent case" claim comes from reports by the U.S.-based digital forensics firm Arsenal Consulting.

 •As per news articles, Arsenal had earlier reported that activist Rona Wilson's computer had allegedly been compromised by malware and that several incriminating documents were planted remotely before his arrest. Those documents formed part of the prosecution's case. 

 •Arsenal subsequently reported similar findings regarding other co-accused, concluding that incriminating files had been allegedly inserted onto devices after cyber intrusions. 

2. Questions arose about the genuineness of key documents in the case

 •The prosecution relied heavily on electronic letters allegedly showing links between the accused and the banned CPI (Maoist), which allegedly and doubtfully included references to weapons procurement as well as an alleged plot against Prime Minister Narendra Modi. Critics argue that if the forensic reports are correct, those documents cannot be treated as reliable evidence. 

3. Long detention and slow trial

 •Many accused including the late Fr Stan Swamy, spent years in jail before trial, and the proceedings have moved slowly. Civil liberties groups argue that this indicates misuse of anti-terror laws rather than a strong criminal case.

4. Shift in investigative narrative

 •Once again the critics note that the original focus after the 2018 Bhima Koregaon violence included allegations against certain Hindutva leaders, but the investigation later swung away bizarrely toward an alleged Maoist conspiracy involving activists, academics, and lawyers. Opponents of the prosecution view this shift as politically motivated.

Even today the Elgar Parishad case is deemed to be "fraudulent" by many activists, lawyers, and commentators because independent forensic reports have alleged that crucial digital evidence was planted on some accused persons' computer systems. 

However, those allegations have not resulted in a final verdict that the entire case was fabricated, and the NIA continues to reject them and pursue the prosecution endlessly and shamelessly.