<p>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. A report by a Massachusetts-based digital forensics firm, Arsenal Consulting, said that “Swamy was the target of an extensive malware campaign for nearly five years…right up until his device was seized by police in June 2019,” according to a report published in the <span class="italic"><em>Washington Post</em></span>. During that period, the hacker infiltrated his computer and planted dozens of files into a hidden folder, according to the report. The National Investigation Agency (NIA) arrested Stan Swamy on October 8, 2020. The documents which were placed in Stan Swamy’s computer were cited as evidence against him in court. The report also said that two others who had been arrested in the case were targeted by the hacker in similar fashion. </p>.<p>Stan Swamy and 15 others, including academics, lawyers, activists, and journalists, had been arrested in the case. They have all been held till now under draconian laws. Swamy, who was an octogenarian with serious health problems, died without getting basic facilities and adequate medical treatment. He was denied bail repeatedly. In the light of the revelations made now, his death can only be considered as murder. It is difficult to dismiss the report as concocted or ill-motivated. The agency which made the investigation and prepared the report has expertise in the area and cannot be said to have any vested interest. Both the agency and the newspaper which published the report have high credibility. </p>.<p>The NIA has not denied the report till now. Who planted the material and on whose orders? The report points to a terrible and fearful situation in the country. A citizen can be a framed in a case, false evidence created against him, and pushed into jail without bail for an indefinite period. Even the courts are unable to help him. The citizen can die in jail without access to care and treatment. This is a situation that can be envisaged only in totalitarian countries where there is no rule of law and citizens do not have basic freedoms and rights. Stan Swamy’s experience, if the report is correct, shows that it can happen in India. What is the protection for the citizen against arbitrary and motivated action by the State? It was the right to life, the most important of fundamental rights, that was denied to Stan Swamy. </p>
<p>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. A report by a Massachusetts-based digital forensics firm, Arsenal Consulting, said that “Swamy was the target of an extensive malware campaign for nearly five years…right up until his device was seized by police in June 2019,” according to a report published in the <span class="italic"><em>Washington Post</em></span>. During that period, the hacker infiltrated his computer and planted dozens of files into a hidden folder, according to the report. The National Investigation Agency (NIA) arrested Stan Swamy on October 8, 2020. The documents which were placed in Stan Swamy’s computer were cited as evidence against him in court. The report also said that two others who had been arrested in the case were targeted by the hacker in similar fashion. </p>.<p>Stan Swamy and 15 others, including academics, lawyers, activists, and journalists, had been arrested in the case. They have all been held till now under draconian laws. Swamy, who was an octogenarian with serious health problems, died without getting basic facilities and adequate medical treatment. He was denied bail repeatedly. In the light of the revelations made now, his death can only be considered as murder. It is difficult to dismiss the report as concocted or ill-motivated. The agency which made the investigation and prepared the report has expertise in the area and cannot be said to have any vested interest. Both the agency and the newspaper which published the report have high credibility. </p>.<p>The NIA has not denied the report till now. Who planted the material and on whose orders? The report points to a terrible and fearful situation in the country. A citizen can be a framed in a case, false evidence created against him, and pushed into jail without bail for an indefinite period. Even the courts are unable to help him. The citizen can die in jail without access to care and treatment. This is a situation that can be envisaged only in totalitarian countries where there is no rule of law and citizens do not have basic freedoms and rights. Stan Swamy’s experience, if the report is correct, shows that it can happen in India. What is the protection for the citizen against arbitrary and motivated action by the State? It was the right to life, the most important of fundamental rights, that was denied to Stan Swamy. </p>