'Stan Swamy PC report may not be evidence in court'

NEW DELHI: Despite the findings by a US-based forensic firm that point to evidence being "planted" on the computer of Bhima Koregaon case accused Stan Swamy, who died in July 2021, sources in the NIA said the relevant forensic report may not be admissible as evidence in court as the tests were conducted only on a "clone" of Swamy's device.

As per the law, forensic findings based on examination of only the original device are admissible as evidence, said an NIA official. The NIA, TOI has learnt, had earlier got the original drive of Swamy's device forensically examined by the Central Forensic Science Laboratory, which did not indicate any tampering. Since the NIA tests were run on the original device, the forensic findings are admissible as evidence.

Sources said the Maharashtra Police, which initially probed the Bhima Koregaon-Elgar Parishad case, had submitted the cloned copy of Swamy's device to the US firm for forensic examination. There have been attempts earlier to get the NIA court to take cognisance of the US forensic firm's report - which dates a year back - that points to "planting" of evidence on not only Swamy's but other accused's devices. However, these pleas have not been accepted.

A report published in Washington Post on December 13 had claimed that Stan Swamy was framed in the Bhima Koregaon case. The report cited a 'forensic examination' of Swamy's laptop by a US-based digital forensics company named Arsenal Consulting.