Special Investigations Team Sought in Orissa Violence


Acquittals increasingly surpass convictions due to shoddy or corrupt police investigators.

NEW DELHI, December 7 (CDN) — Christian leaders in India have called for a special investigations team to counter the shoddy or corrupt police investigations into anti-Christian violence in Orissa state in August-September 2008.

Of the 100 cases handled by two-fast track courts, 32 have been heard as of Nov. 30, resulting in 48 convictions and more than 164 acquittals. A legislator for the main Hindu extremist party has been exonerated “for lack of evidence” in six cases, most of them involving murder charges. The number of cases registered total 787.

“Christians are extremely shocked by this travesty of justice in Orissa,” attorney Bibhu Dutta Das told Compass.

The government of Orissa set up two fast-track courts in Kandhamal district headquarters for cases related to the violence that began in August 2008 after the killing of Swami Laxmanananda Saraswati and four of his disciples in Jalespetta on Aug. 23, 2008. The chief minister of Orissa state has admitted that Hindu extremist umbrella group Sangh Parivar was involved in the anti-Christian violence (see sidebar below), and Christian leaders have said they are increasingly concerned over verdicts in the fast-track courts based in Phulbani.

Among those exonerated “for lack of evidence” was Manoj Pradhan, a legislator from the Hindu extremist Bharatiya Janata Party (BJP), who was acquitted of murder on Nov. 24. He was accused of killing Trinath Digal of Tiangia village on Aug. 25, 2008.

Thus far, Pradhan has been cleared in six of 14 cases against him.

“Manoj Pradhan has been let off in all the major cases against him, mostly murder cases, for lack of evidence,” attorney Das told Compass. “Now only small cases of arson remain against him.”

Attorneys said acquittals have resulted from police investigations that were intentionally defective to cover up for Hindu extremist attackers. In many cases, for example, police have fraudulently misrepresented the ages of suspects so they would not match with those denoted in the victims’ First Information Reports, leaving the court no option but to let the alleged culprits go.

Nine people were convicted, and five suspects, including Pradhan, were acquitted “for lack of evidence” on Nov. 18 for burning the house of Ratha Nayak in Mlahupanga village, Kandhamal on Aug. 27, 2008. Those convicted were sentenced to four years of prison and fined 3,500 rupees (US$75) each.

In a previous case, witnesses had testified to the involvement of Pradhan in the kidnapping of Kantheswar Digal – subsequently murdered on Aug. 25, 2008 – in Sankarakhole village, Phulbani district, but their testimony failed to convince the court to condemn the BJP politician.

Pradhan was arrested and jailed in October 2008 and was elected as BJP Member of the Legislative Assembly from the G. Udayagiri constituency while in jail.

On Nov. 24, Judge C.R. Das acquitted six suspects: Budhdeb Kanhar, Purander Kanhar, Gadadhar Kanhar, Sudhir Pradhan, Ajibana Pradhan and Dadhi Mallick. They were accused of killing Meghanad Digal and his wife Priyatama from Dutukagam village, Tikabali on Sept. 25, 2008.

Judge S.K. Das sentenced 12 persons to four years of prison along with a fine of 2,000 rupees (US$43) each on Nov. 28 for torching houses and shops at Sirtiguda village, under Nuagaon police jurisdiction, on Sept. 13, 2008.

Indo-Asian News Service reported that on Nov. 30 Sanjeev Pradhan was convicted of torching the house of Shravan Kumar Digal of Penagari village on Aug. 25, 2008. Sanjeev Pradhan was sentenced to prison for five years and fined 7,500 rupees (US$160).

Special Investigation Team Sought

Christian leaders are calling for a special investigation team like the one created after communal violence wracked Gujarat state in 2002.

“The need of the hour is a special investigation team, for the investigations of the Orissa police have caused doubts,” attorney Das said. 

He added that the cases should be transferred out of Kandhamal, as Christian leaders feel justice cannot be served in the district’s Hindu extremist atmosphere.

Many of the Christians displaced as a result of the violence have yet to return to their villages. The archbishop of Bhubaneswar-Cuttack, Raphael Cheenath, told media that out of 50,000 people displaced, about half have returned, “but they are facing housing problems. The state government should take it up earnestly.”

Dr. John Dayal of the All India Christian Council stated in a Dec. 4 report that “several thousand of the 50,000 Christian refugees are still to return home. Many cannot, as they have been told they have to convert to Hinduism before they will be accepted in the villages. The threats and coercion continue till today.”

He added that most of the more than 5,000 houses destroyed in December 2007 and August-October 2008 mayhem have yet to be rebuilt.

Attorney Das told Compass many of those who fled their village fear returning home.

“It is true that in many cases, the pre-condition of converting to Hinduism and facing violence if they do not has been the factor that has prevented the people from returning to their homes,” he said. “The fear of being attacked again has also stopped many from going into their villages. The government has not been very successful in instilling trust in the Christian community that such incidents can be prevented in the future.”

Orissa police yesterday arrested a man accused in the rape of a nun during the violence in Kandhamal. Gururam Patra was reportedly arrested in Dharampur.

He was accused of leading a mob that attacked the nun at on Aug. 25, 2008. Police have so far arrested 19 people in the incident, with another 11 still at large. The 29-year-old nun has told police she was raped and paraded naked by a Hindu extremist mob, and that officers only stood by when she pleaded for help.

SIDEBAR

Official Names Hindu Nationalist Groups in Orissa Violence

NEW DELHI, December 7 (Compass Direct News) – The ruling party of Orissa state, which labelled last year’s mayhem in Kandhamal district as “ethnic violence,” has publicly admitted that Hindu nationalist groups were behind the killings and arson of Christians and their property.

“It is learnt from the investigation into the riot cases that the members of the RSS [Rashtriya Swayamsevak Sangh], the VHP [World Hindu Council] and the Bajrang Dal were involved in the violence that took place last year,” Orissa Chief Minister Naveen Patnaik told the state legislative assembly last month.

Patnaik, in response to a question by a member of the Communist Party of India, also disclosed that police had arrested 85 people from the RSS, 321 members of the VHP and 118 Bajrang Dal members in the attacks. He said that only 27 members from these groups were still in jail.

The others were either bailed out or acquitted for lack of evidence, which Christians say is due to shoddy or corrupt investigation by police and prosecutors (government attorneys).

Soon after violence in Kandhamal broke out in August 2008, Patnaik blamed it on “conflict of interest” between Dalits (people at the bottom of the caste hierarchy in Hinduism and formerly known as “untouchables”) and tribal people.

National media speculated that Patnaik was seeking to deflect attention from the Bajrang Dal, which had been accused of the attacks on the Christians. The Bajrang Dal (Army of Hindu God Hanuman) is the youth wing of the VHP, which is seen as part of the RSS family.

Local Christians had suspected the role of the RSS and related outfits since the violence began on Aug. 24, 2008 – one day after Hindu nationalist leader Laxmanananda Saraswati was killed by Maoists (extreme Marxists) and RSS members blamed Christians for it.

The RSS is a Hindu nationalist conglomerate whose political wing, the Bharatiya Janata Party (BJP), was part of the ruling coalition during the 2008 eruption of the violence that killed more than 100 people, mostly hacked to death or burned alive, and incinerated more than 4,500 houses, over 250 churches and 13 educational institutions.

Patnaik’s party, the Biju Janata Dal (BJD) broke up its 11-year-old alliance with the BJP in March 2009, a month before state assembly and national elections were held. The BJD, which fought the two elections alone, won a majority in the state assembly and most seats in parliament from the state.

It was only after the coalition’s break-up that the BJD began to hint at the culpability of the RSS and related groups.

“It was important to break up with the BJP, because I don’t consider them healthy any longer for my state after Kandhamal [violence] – which I think is very apparent to everyone,” Patnaik told CNN-IBN, a private TV news channel, on April 19.

A state government-constituted panel, the Justice Mohapatra Commission of Inquiry, is probing the Kandhamal violence but has yet to issue its final report.

Meantime, a report of another panel, the Justice M.S. Liberhan Commission of Inquiry, said that top leaders of the BJP, the RSS, the VHP and the Bajrang Dal “meticulously planned” the demolition of the 17th century Babri Mosque 17 years ago.

More than 2,000 people were killed in communal violence across the country following the demolition of the mosque on Dec. 6, 1992. The incident polarized voters along religious lines and subsequently contributed to the BJP’s rise in Indian politics.

The Liberhan report, presented to parliament on Nov. 25, indicted several Hindu nationalist leaders, including former Prime Minister Atal Bihari Vajpayee, current Leader of Opposition in the People’s House L.K. Advani, VHP leader Ashok Singhal and former RSS chief K.S. Sudarshan.

Observers said the indictment of extreme Hindu nationalists, however, has come too late, as the BJP no longer seems to be powerful at the national level.

Report from Compass Direct News 

VIETNAM: ATTACK ON CATHOLIC CHAPEL SHOWS AUTHORITIES’ FEAR OF RELIGION


On same day, Mennonite denomination receives legal recognition; pastors wary.

LOS ANGELES, November 20 (Compass Direct News) – At a chapel on the remaining patch of Thai Ha Redemptorist property in Hanoi that the Vietnamese government had yet to confiscate, at 10 p.m. on Saturday night (Nov. 15) an official came to summon the priests to an “urgent meeting.” According to Vietcatholic.net website and other church sources, it proved to be a ruse to draw them away from the property while government-inspired gangs attacked St. Gerardo Chapel.

As the gangs ravaged the chapel, Father Joseph Dinh told Independent Catholic News, some people at the church began ringing the church bells to signal for help while others sent urgent e-mail and text messages asking Catholics to defend it.

Hundreds of police with stun guns tried to keep the arriving faithful from entering the chapel to stop the destruction. The hundreds of Catholics who arrived eventually overwhelmed officers, going past police to scare off the attackers. Witnesses reportedly said that government, police and security officials had stood by doing nothing to protect the chapel.

They also said that fleeing gang members shouted obscenities threatening to kill the priests and the faithful, as well as the archbishop.

“It is significant that the government attack against the monastery came on the eve of the celebration of the Feast of Vietnamese Martyrs,” a local priest told Vietcatholic.net. “This attack reminds people that since the outset, the seed of faith in Vietnam’s soil was mixed with the abundant blood of Catholic martyrs from all walks of life – from courageous missionaries to local clergy and the Christian faithful.”

The priest concluded by decrying the deterioration of conditions for Vietnamese Catholics.

A government spokesman later denied that the Vietnamese forces or authorities were involved in the attack.

As the government had achieved its objective of taking over the contested land, the well-coordinated attack came as a surprise to many. In September, Vietnam had resorted to force to answer months of growing but peaceful prayer vigils over long-confiscated Catholic properties in Hanoi, reneging on a promise to negotiate a settlement. Unilaterally, the government quickly turned the papal nunciature and the rest of the Thai Ha Redemptorist property into public parks.

The solidarity demonstrated by Catholics throughout the country appeared to have alarmed authorities. They reverted to classic attacks of disinformation and slander against Catholic leaders, and even after they had halted the prayer vigils, taken the contested land and allowed previous gangs to ransack the Redemptorist chapel, authorities demanded the removal of the archbishop of Hanoi, Ngo Quang Kiet, whom they accused of inciting riots against the state.

A Protestant pastor in Hanoi said the government’s recent conflict with Catholics has had a ripple affect on other churches and religions.

“Though it is the Catholics who are being most lambasted in the state media, Protestants are also maligned along with Catholics by government propaganda,” he said. “Secondly, all religious leaders are again subject to closer surveillance.”

 

Mennonite Church Recognized

Ironically, only a few hours earlier on the same day the chapel was attacked, the Vietnam Mennonite Church was allowed to hold its organizing general assembly in Ho Chi Minh City, becoming the fifth smaller church body to receive full legal recognition in 2008.

While registration can mark an improvement in the way the government treats a church, it is not to be confused with full religious freedom, church leaders said, as it is sometimes used as a means of control. The dubious benefits of registration have led many Protestant groups to simply quit seeking it.

Other Protestant groups to receive legal recognition in 2008 were the Grace Baptist Church, the Vietnam Presbyterian Church, the Vietnam Baptist Church, and the Seventh-Day Adventist Church. This brought the total number of fully recognized Protestant denominations to eight. Two of the eight bodies, the Evangelical Church of Vietnam (South) and the Evangelical Church of Vietnam (North), received legal recognition before the new religion legislation initiated in late 2004.

None of the 24 house church organizations of the Vietnam Evangelical Fellowship (VEF), however, has received even the lower-level “national registration to carry out religious activity.” Only one in seven of its congregations even have permission to operate locally.

Of the total 2,148 VEF congregations, 1,498 have applied for local permission to carry out religious activity, but only 334 have received it. Another house church organization has had 80 congregations apply for local permission to operate and has received only refusals or no answer at all. Other groups report a similar experience.

A hint of the government’s attitude toward registered churches, pastors said, was evident in its official news release on the Vietnam Mennonite Church general assembly. The Vietnam News Agency release of Nov. 15 enjoining the church to “serve both God and the nation” and to “unite with other people in the course of national reconstruction” struck some church leaders as an expectation that their congregations will serve political ends.

Christian leaders detected government fear of churches’ international connections in the official claim that, “For more than three decades, the Vietnam Mennonite Church has operated independently from foreign Mennonite churches.”

As is customary, the ceremony included an address by a representative of the Bureau of Religious Affairs. Nguyen Thanh Xuan said he expects the Mennonite Church “to bring into full play good characteristics of Protestantism, uphold the tradition of charity, and join hands with other religious and non-religious people to build a country of stability and prosperity.”

The heavy-handed treatment of Catholics over the disputed property and the offering of legal registration to more Protestant groups does not present the contrast it may first appear, said one long-time observer.

“Catholics outnumber Protestants about five to one and are a much more formidable and unified organization than Vietnam’s fractured Protestants,” he said. “Alarmed at the largest countrywide Catholic solidarity ever demonstrated, nonplussed security authorities ordered a classic, harsh crackdown and incited ‘punishment’ disguised as citizens’ outrage.”

Protestants, he said, are less numerous, more divided and rarely capable of joint action, so they do not pose a serious threat.

“For example, the oft-repeated requests and ultimatums by the Evangelical Church of Vietnam (South) on their 265 confiscated properties are simply ignored,” he said. “And don’t forget that the majority of Protestants are ethnic minorities in remote areas who remain closely watched by the government.”  

Report from Compass Direct News