Ensure fairness in investigation

No acts of violence can be condoned, or left unpunished, but unbiased processes form the bedrock of the justice system. In the Bhima Koregaon case, that faith needs to be reaffirmed, and fast

An alleged conspiracy that fomented violence in Maharashtra’s Bhima Koregaon village on January 1, 2018 and led to the death of a 28-year-old man has been among the most high-profile cases in the last decade. The Pune Police, and later the National Investigation Agency, have arrested a raft of activists, lawyers and academics and charged them under the Unlawful Activities (Prevention) Act and sedition for allegedly conspiring with Maoist leaders to inflict violence at the bicentennial celebrations of a British-era war, an occasion of historical significance for India’s Dalit communities. Investigators have focussed on an event organised in Pune on December 31, 2017 called Elgar Parishad and say that incendiary speeches were made to provoke the audience.

Arrest-hanAn alleged conspiracy that fomented violence in Maharashtra’s Bhima Koregaon village on January 1, 2018 and led to the death of a 28-year-old man has been among the most high-profile cases in the last decade.dcuffs. (HT PHOTO)

Yet, questions have lingered over the provenance of the evidence underpinning the case. Initially, the Pune (rural) police – under whose jurisdiction the village falls – charged two Right-wing leaders for the violence but one of them obtained bail and the other was never called for questioning. The Pune (city) police’s and later NIA’s investigation into the alleged Left-wing conspiracy, however, sped on, largely on the strength of digital evidence found on devices belonging to the activists.

In February 2021, cyber forensics company, Arsenal Consulting, said that the computer of an accused in the case was purportedly targeted with malware that may have been used to plant documents. Later that year, an international investigation consortium reported that the names of some of the people accused in the case were found on a list of potential targets of mobile phone hacking software, Pegasus. In February this year, cyber experts found more evidence of a possible hack. And finally, this week, a report by news website Wired indicated possible links between a Pune Police official and an alleged hacking campaign that targeted suspects in the Bhima Koregaon case.

The revelations are troubling and have marred the impartiality and fairness that is a pre-requisite in such a high-profile case. They underline the importance of sunlight in the labyrinthine investigation process. The central government, which controls NIA, and the Maharashtra government, whose police conducted the initial probe, may be political rivals but need to come together and address questions raised about the investigation without taking partisan potshots. There is urgent need for a considered review of the investigating processes, and for courts – which are currently listening to bail petitions by some suspects – to take cognisance of the new reports and seek responses from the authorities. Moreover, parallel investigation processes – such as the Bhima Koregaon Commission that was supposed to listen to testimonies to ascertain the reasons for the violence – need to be expedited. No acts of violence can be condoned, or left unpunished, but unbiased processes form the bedrock of the justice system. In the Bhima Koregaon case, that faith needs to be reaffirmed, and fast.