QUESTION: What message does the Arsenal Consulting Report on late Fr Stan Swami communicate to the people of India, especially to the Catholics?– Dube Jose

ANSWER: Saji Mathew Kanayankal CST

The story of the 84-year-old Jesuit, Stan Swamy, who died in July 2021 after spending more than eight months in jail on terrorism charges, again rocks the pillars of Indian judicial system as well as the conscience of the Church in India. Stan was well known for his work for the underprivileged and downtrodden and was arrested by the National Investigating Agency (NIA) from the Jesuit social centre, Bagaicha, Ranchi, on 8 October, 2020, and sent to Taloja jail. Though he claimed his innocence in courts and pleaded for medical care, the authorities denied him bail and he breathed his last on 5 July, 2021 at a private hospital in Mumbai, where he was admitted in May following the order of the Mumbai High Court. Recently, the Arsenal Consulting, a US based digital forensics firm, after making an independent study on the issue, revealed that a hacker infiltrated the device of Stan and implanted evidence. As per the finding of Arsenal, Stan was the target of an extensive malware campaign for nearly five years and his laptop was infected in October 2014 with a new net wire which can upload and download files. Though the hacker implanted files into the computer in July 2017, Stan never opened it nor he has made any communication, with its help. Later, his device was seized by the police in June 2019. In that duration, the hacker had complete control over his computer and placed dozens of files in a hidden folder without his knowledge. According to Mark Spencer, Arsenal’s president, that activity was “extremely suspicious.” Joseph Xavier, a colleague of Stan says that the report proves that Stan was “systematically targeted and framed for raising his voice for the tribals, which hurt the interests of the state.” As per the report of the Washington Post, apart from Stan two other defenders in the case had been compromised the hackers. However, the Indian government, neither confirmed nor denied these charges.

Robert Jan Mora, a digital forensics expert at Volexity, a cyber security firm based in Washington D.C., who reviewed the report says; “the report is really convincing, and there is firm evidence that Swamy’s computer was infected with malware and that an operator was pushing incriminating files to the system.” In the report, Arsenal shares screenshots of the raw data recovered from Stan’s computer, revealing the hacker’s activities, including the command used to delete the folder where tens of thousands of files from Stan’s computer were stored before they were transferred to the server. Though the report was out and many criticised the “inhuman and insincere act of the NIA authorities,” there was no remark from the NIA or the Indian government.

THE BRUTALITY OF THE LAW

The case of Stan Swami is a clear example of the dealing of the Indian government with its citizens, especially to the prominent critiques of the present government. During the last one decade, more than a dozen human right activists, intelligentsia, journalists, and lawyers were arrested and many were denied bail in the name of the ‘national security’. As the report on Stan was out, many civil society groups and human right activists came into the sphere, pointing it as a chilling example of the persecution of human rights defenders under the present Indian government. It is worthy to retrospect on some of the events related with the life, imprisonment and the murder of Stan. After the arrest, when he appealed to the court for medical bail, due to his Parkinson’s disease and many other ailments related with his age, it was not granted. The NIA opposed his bail plea, saying that the medical documents he cited were not conclusive proof of any severe disease and that the allegation of fabricated evidence was an attempt to “confuse truth with falsehood.” Similarly, when the eighty-four-year-old man asked for a sipper and a straw, which the NIA has confiscated when he was arrested, the court took nearly a month to grant permission! The statement of Justice S.S Shinde and NJ Jamadar after his death that they had respect for Stan’s and the kind of work he was rendering to the society was “wonderful”, was withdrawn within two days due to the objection of NIA. We have also witnessed a lot of messages and cyber-attacks even after his death by the so-called nationalists!

There is no doubt that Stan is a victim of systematic institutional murder. The tweet of Audrey Truschke, a historian is remarkable; “the Indian state planted evidence framing an elderly and ill priest, who fought for the downtrodden. They locked him in jail on that false evidence, deprived him of medical care, until he died in Indian custody.” What would be the reason of such a brutal behaviour of the law. Was the life and mission of Stan Swamy a threat to the political elite of the country, especially to the ruling establishment? If so, why? Did the powerful state wanted to eliminate the prophetic voice of such an elderly man, by branding him a terrorist and an enemy of the State, notwithstanding his advanced age, and age-related ailments?

The prophetic mission of Stan was to be the voice of the voiceless. It is true that Stan lived for the tribals and he was aware about the constitutional rights of those poor and unprivileged people. He not only lived with them but also joined with them in their struggle for a life of dignity. In this fight for justice and human rights, Stan was an opponent to the multinational companies to loot the tribal land and its natural resources. Stan courageously spoke agnist the unjust and oppressed system and fought for the most vulnerable people for their fundamental rights. The unholy nexus between the politicians and the multinational companies in a way prepared his way to the martyrdom. The State had decided to wreak on him and others the full might of its vengeance for daring to speak for the poor and the deprived. Stan insisted on non-violence when many victims of injustice were demanding a violent reaction. Ironically, he was accused by the state of being a Naxalite, and became a martyr for the cause of justice.

Stan was very well- aware about the power of the opponents and the danger waiting for him. He wrote from the Jail; “It [his arrest and imprisonment] is a broader process that is taking place all over the country. We are all aware how prominent intellectuals, lawyers, writers, poets, activists, students, leaders, are all put into jail because they have expressed their dissent or raised questions about the ruling powers of India. In a way I am happy to be part of this process. Even in Jail the free bird sings. I am not a silent spectator, but part of the game, and ready to pay the price whatever be it.” The price he ultimately paid was his heroic death. He was imprisoned more than a year, and the continuous request for bail was denied. Even he was denied his fundamental right. However, this old man’s indomitable strength even in the prison was an outstanding testimony of his moral conviction and a commitment to truth and to the powerless. The death of Stan can be narrated as a cold blooded-murder by the law, the failure of the judicial system of our country. The brutal and the iron fist execution of the law without clear proofs or with fabricated stories. It is a clear example of the erosion of democracy and human rights from the soul of our country. In the authoritarian drift of the current government, any political dissent can be strongly repressed; defenders of rights and protesters are labelled as anti-nationalists. Social activist Harsh Mander called Stan’s death a tragedy for the nation and he tweeted; “Devoted to selfless defence of Adivasi rights. Gentle, brave, even from prison he grieved not for himself but injustice to poor prisoners. A cruel state jailed him to silence his voice; the judiciary did nothing to secure his freedom. A tragedy for the nation.” The Central government should be answerable for absolute apathy and non-provision of timely medical services, leading to his death.

THE TEARS OF THE CROCODILE

The martyrdom of Stan asks us to think seriously about our Catholic faith and the way we witness gospel today. It is easy to make him a Martyr and Saint, erecting some statues of him with a few dumb boxes. But what was our approach towards him when he lived and when he fought for justice and struggled for it. How have we treated him, fought for him? And today how do we fight for the cause he has brought out? Our faith demands more serious and authentic witness to the values of gospel. Today fear is what we are complacent and religion is limited to mere devotional practices and rituals. What defined Stan Swamy was not just this indomitable fearlessness, but his uncompromising outrage with injustice.

I have noticed many condolence messages, some prayer meetings, gatherings, and a few statements after the death of Stan Swami. However, what was the position of the Church in India when he was arrested and imprisoned. For many, it was a legal question to be dealt with the Jesuit authorities. I have received many What Sapp messages, without author or authorisation as usual, but claiming the voice of the ‘true faithful’ who were pretended to be the obedient sheep of the Church, accusing the ‘imprudent relationships’ of Stan. Some of the allegations are interesting! Stan, a Jesuit, who does not wear cassock and does not celebrate mass, a rebel in his life and a radical Naxal backer. I have not noticed any ‘official remarks’ from the authorities of the Church when he was arrested. When he was in jail, when the law brutally denied him bail, where was our collective voice? Where were we, the champions of justice and truth? Did we take a single step to grant justice to such an elderly man with a lot of ailments? Most of us wanted to save our face without displeasing the authorities. Just to be passive in front of such atrocities. Many of us will be remembering the meeting with the heads of the Catholic Church in India with Prime Minster NarendraModi in one of those days. After the meeting, many asked the reply of Prime Minster on Stan’s bail, but the question was unanswered! It is easy to share a cup of tea and publish few snaps with smiling faces, but the fight for truth and gospel values demands deep commitment and moral uprightness. Righteousness and justice are both sides of the same coin. God is righteous because he is just and vice versa. There cannot be true peace without justice. A prudential silence may save us for some time, but the cry for justice and righteousness will continue echoing in the wilderness!