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.
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
•The strongest basis for the "fraudulent case" claim comes from reports by the U.S.-based digital forensics firm Arsenal Consulting.
•Arsenal 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 later reported similar findings regarding other accused, including Surendra Gadling, concluding that incriminating files were allegedly inserted onto devices after cyber intrusions.
2. Questions about the authenticity of key documents
•The prosecution relied heavily on electronic letters allegedly showing links between the accused and the banned CPI (Maoist), including references to weapons procurement and 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 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
•Critics note that the original focus after the 2018 Bhima Koregaon violence included allegations against certain Hindutva leaders, but the investigation later shifted toward an alleged Maoist conspiracy involving activists, academics, and lawyers. Opponents of the prosecution view this shift as politically motivated.
•The agency alleges that the accused were linked to the banned CPI (Maoist) and were involved in a broader conspiracy connected to unlawful and terrorist activities. [citatio
The Elgar Parishad case is called "fraudulent" by many activists, lawyers, and commentators because independent forensic reports have alleged that crucial digital evidence was planted on some accused persons' computers. [citation] However, those allegations have not resulted in a final judicial determination that the entire case was fabricated, and the NIA continues to reject them and pursue the prosecution.
So, whether the case is "fraudulent" remains a matter of intense legal and political dispute rather than an established legal fact.

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