Christians Suspect Cover-Up in Pastor’s Death in Orissa, India


Police refuse to follow leads pointing to murder.

NEW DELHI, January 21 (CDN) — Relatives of a pastor who was found dead in a secluded area in eastern Orissa state’s Kandhamal district last week have accused local police of a cover-up.

The body of Saul Pradhan, a 45-year-old independent pastor whose house was burned by Hindu extremists two years ago, was found near a pond in Pakala village in Kandhamal’s Raikia Block on Jan. 11 and bore marks of assault, Catholic activist Ajay Singh told Compass.

“I spoke to the widow of the pastor, and she told me that the hands and legs of the deceased looked twisted, and there was blood in his mouth. His pants were also torn,” Singh said by phone from Orissa’s capital, Bhubaneswar. “Why should it not arouse suspicion when Pastor Pradhan was last seen with two Hindu men, Marda Pradhan and Baiju Mallick, who were among the rioters who burned houses of Christians in 2008?”

A local activist with the Evangelical Fellowship of India said he visited the site after the body had been removed and saw blood stains on a stone.

Kandhamal witnessed two of India’s deadliest waves of anti-Christian violence in December 2007 and August-September 2008; the latter killed over 100 people, destroyed thousands of homes and displaced more than 60,000 others after a Hindu nationalist leader was killed by Maoists; Hindu nationalist groups blamed it on local Christians.

Christian residents of Kandhamal say the antagonism toward them by those who engaged in the attacks under the influence of extremist Hindu nationalists remains strong.

Singh said that the two Hindu men who burned houses of Christians in 2008, Marda Pradhan and Mallick, came to Pastor Pradhan’s house the evening of Jan. 10 and asked him to come out.

“The pastor’s wife was about to serve dinner and so asked him to wait,” he said. “But he said he wouldn’t take long.”

When the pastor did not return the next day, his wife went to the house of Marda Pradhan with a few villagers. Marda Pradhan’s wife told them her husband had been in the jungle for three days because of a leg injury, Singh said.

That afternoon, the pastor’s wife and the villagers again went to the house of Marda Pradhan, whose wife claimed he was not there. They could see him inside the house, however, and asked him to take them to the spot in the jungle where he had taken Pastor Pradhan the previous night. After walking for around half an hour, Marda Pradhan ran away, Singh said.

“The villagers got suspicious and began to look around,” he said. “That’s when they found the body lying near a pond.”

Some area residents told the villagers that they had heard loud quarreling the previous night.

Police, however, say they have found little reason to suspect foul play.

“There were no injury marks on the body of the man,” Inspector Ravi Narayan Barik told Compass, refuting the claims of the dead man’s family. “The doctor who performed the autopsy said it was just an unnatural death.”

According to police, Pastor Pradhan and two other men got drunk on the night of Jan. 10. The two others were able to return to their homes, Barik said, while the pastor could not and died in the cold.

“Drinking country-made liquor is normal behavior here,” said Barik, of the Raikia police station. “We called one of the two men who was with the deceased for interrogation but did not find anything suspicious.”

An official autopsy report was still awaited at press time.

Asked what sections of the Indian Penal Code or the Criminal Procedure Code were mentioned in the First Information Report or the formal police complaint, the official said, “None.”

“The family is spreading rumors about murder in hope of receiving compensation from the government, as many victims of the 2008 violence got compensated,” the inspector said.

Activist Singh said when the family went to police to report the suspected murder, officers were unwilling to listen.

“The police scolded them,” Singh said. “They said he must have died from the cold. When the family asked for an autopsy, the police asked them to collect the body, take it to the village and bring it to the police station the following day.”

But after the family insisted, the police asked them to bring the body the same day, he said.

“So the family and friends carried the body on a bicycle and brought it to the police station,” Singh said. Asked why police did not go to collect the body, Singh said, “This is how it happens here.”

Singh also said he heard that some local politicians from the Hindu nationalist Bharatiya Janata Party (BJP) visited the Raikia police station after the death was reported, though he added that he “could not confirm if that actually happened.”

Until March 2009, the BJP was a ruling party in Orissa in coalition with a regional party, the Biju Janata Dal, for 11 years.

Dr. Sajan George of the Global Council of Indian Christians called for an investigation by the Central Bureau of Investigation, the Press Trust of India (PTI) news agency reported on Monday (Jan. 17).

“The killing of Saul [Pradhan] seemed to be an organized crime by a section of people who had threatened him a few months ago, his family members alleged, adding that his house was also torched during the Kandhamal riots in 2008,” George told PTI.

Report from Compass Direct News

Court in India Convicts Legislator in Second Murder Case


Manoj Pradhan arrested; three more cases pending against Hindu nationalist.

NEW DELHI, September 10 (CDN) — A Hindu nationalist legislator was arrested yesterday after a court pronounced him guilty of playing a major role in the murder of a Christian during anti-Christian carnage in Orissa state’s Kandhamal district in August 2008.

The Fast Track Court II in Kandhamal convicted Manoj Pradhan of the Hindu nationalist Bharatiya Janata Party (BJP) in the murder of a 30-year-old Christian, Bikram Nayak, who succumbed to head injuries two days after an attack by a mob in the Raikia area of Budedi village on Aug. 25, 2008.

Judge Chitta Ranjan Das sentenced Pradhan to six years of rigorous imprisonment for “culpable homicide not amounting to murder” under Section 304 of the Indian Penal Code and imposed a fine of 15,500 rupees (US$335) for setting houses ablaze.

Pradhan, who contested and won the April 2009 state assembly election from jail representing Kandhamal’s G. Udayagiri constituency, was not initially accused in the police complaint in Nayak’s murder, but his role emerged during the investigation, according to The Hindu.

One of the primary suspects in violence that followed the assassination of Hindu nationalist leader Swami Laxmanananda Saraswati on Aug. 23, 2008, Pradhan was initially arrested in Berhampur city in neighboring Ganjam district in December 2008. The violence began a day after Saraswati’s killing when Hindu nationalist groups blamed Christians for his murder, although Maoists (extreme Marxists) claimed responsibility for it.

In spite of this week’s conviction, the Orissa state unit of the BJP said the case against Pradhan was weak.

“The case is not strong,” Orissa BJP President Jual Oram told Compass by telephone. “Pradhan was merely present at the scene of crime.”

Pradhan was named in at least 12 police complaints concerning murder and arson. But after he won the election, he was released on bail.

This is the 36-year-old Pradhan’s second conviction. On June 29, Kandhamal’s Fast Track Court I sentenced him to seven years in jail in a case concerning the murder of another Christian, Parikhita Nayak, also from Budedi village, who was killed on Aug. 27, 2008. Though not convicted of murder, Pradhan was found guilty of rioting and causing grievous hurt in the Parikhita Nayak case.

The June 29 judgment led to his arrest, but the Orissa High Court granted him bail eight days later.

The BJP will challenge the convictions in a higher court, Oram said.

Last month Kanaka Rekha Nayak, widow of Parikhita Nayak, complained that despite the conviction of Pradhan and an accomplice, they were immediately given bail and continued to roam the area, often intimidating her.

Rekha Nayak was among 43 survivors who on Aug. 22-24 testified in Delhi before the National People’s Tribunal (NPT), a private hearing of victims of the Kandhamal violence organized by the National Solidarity Forum, a confederation of 60 non-profit groups and people’s movements.

Nayak said local politicians, including Pradhan, hit her husband with an axe. Her husband’s body was later chopped into pieces, she recalled as she sobbed during testimony at the tribunal, headed by Justice A.P. Shah, former chief justice of Delhi High Court.

The fast track courts set up especially to hear cases related to the anti-Christian violence have acquitted Pradhan in seven cases for lack of evidence. Three more cases are pending against him.

The state BJP’s Oram said Christians had created “hype” about the cases against Pradhan to “trouble us.” He added, “The state government is not doing anything to arrest and try the killers of the Swami.”

 

Testimony

The NPT tribunal asserted that between August and December 2008, about 2,000 people were “forced to repudiate their Christian faith.”

The tribunal cited government figures asserting that during the violence from August to December 2008, more than 600 villages were ransacked, 5,600 houses were looted and burned, 54,000 people were left homeless, and 38 people were murdered in Kandhamal alone. It also noted that human rights groups estimated that over 100 people were killed, including women, disabled and aged persons and children, and “an un-estimated number suffered severe physical injuries and mental trauma.”

While there were reports of four women being gang-raped, many more victims of sexual assault were believed to have been intimidated into silence, the tribunal concluded.

As many as 295 church buildings and other places of worship, big and small, were destroyed, and 13 schools, colleges, and offices of five non-profit organizations damaged, it said, adding that about 30,000 people were uprooted and living in relief camps, with many of them still displaced.

“More than 10,000 children had their education severely disrupted due to displacement and fear,” it reported. “Today, after two years, the situation has not improved, although the administration time and again claims it is peaceful and has returned to normalcy.”

The Christian community was deliberately targeted by Hindu nationalist groups such as the Rashtriya Swayamsevak Sangh, the Vishwa Hindu Parishad (World Hindu Council), the Bajrang Dal and the active members of Bharatiya Janata Party,” the tribunal concluded.

The jury also observed that cries against religious conversions were used as for political mobilization and “to incite horrific forms of violence and discrimination against the Christians” of Dalit (formerly “untouchables” according the caste hierarchy in Hinduism) origin.

“The object is to dominate them and ensure that they never rise above their low caste status and remain subservient to the upper castes,” it added.

The jury accused police of complicity, which “was not an aberration of a few individual police men, but evidence of an institutional bias against the targeted Christian community.”

“The jury is constrained to observe that public officials have colluded in the destruction of evidence, and there is testimony directly implicating the District Collector [the administrative head of a district] in this misdemeanor.”

The jury expressed concern over the lack of mechanisms to protect victims “who have dared to lodge complaints and witnesses who have courageously given evidence in court,” as they “are unable to return to their homes.”

“There is no guarantee of safe passage to and from the courts. They are living in other cities and villages, many of them in hiding, as they apprehend danger to their lives.”

It also noted mental trauma in children.

“There has been no trauma counselling for the affected children and adolescents in Kandhamal. Even today they have nightmares of running in the jungle, with the killers in pursuit, are scared of any loud sound and are afraid of people walking in groups or talking loudly.”

Bollywood lyricist Javed Akhtar, who was part of the tribunal, said that incidents such as the Kandhamal carnage against religious minorities continued to happen with “alarming frequency” in India.

“As citizens of this democracy, we should hang our heads in shame,” he said.

Report from Compass Direct News

Convicted Hindu Nationalist Legislator in India Released on Bail


Stunned Christians suspect bias in case of politician’s role in Orissa violence.

NEW DELHI, July 30 (CDN) — Less than a month after Orissa state legislator Manoj Pradhan was sentenced to seven years of prison for his part in anti-Christian mob violence in 2008, he was released on bail pending his appeal.

Along with fellow Hindu nationalist Prafulla Mallick, Pradhan on June 29 was convicted of causing grievous hurt and rioting in connection with the murder of a Christian, Parikhita Nayak. Justice B.P. Ray heard the petition on July 7, and the same day he granted Pradhan and Mallick bail conditional on posting bail bond of 20,000 rupees (US$430) each.

Pradhan and Mallick were released from jail on July 12 and await the outcome of an appeal to the Orissa High Court.  

Attorney Bibhu Dutta Das said that ordinary people don’t get bail so easily when convicted of such crimes, and he questioned how Pradhan could be granted release just for being a legislator.

“It takes years for convictions in High Court,” Das told Compass. “We will not sit silent. We will challenge this bail order in the [New Delhi] Supreme Court very soon.”

The Christian community expressed shock that someone sentenced to seven years in prison would get bail within seven days of applying for it.

“I am very disappointed with the judiciary system,” said Nayak’s widow, Kanaka Rekha Nayak, who along with her two daughters has been forced into hiding because of threats against her. “I went through several life threats, but still I took my daughters for hearings whenever I was called by the court, risking my daughters’ lives – certainly not for this day.”

In addition to the bail, the court has issued a stay order on the 5,000 rupee (US$107) fine imposed on Pradhan and Mallick. Attorney Das told Compass the decision was biased, as the Lower Court Record was not even consulted beforehand.

“This is the normal court procedure, and it was bypassed for Pradhan,” he said. “The judgment was pre-determined.”

Dibakar Parichha of the Cuttack-Bhubaneswar Catholic Archdiocese told Compass, “Sometimes the judicial system seems mockery to me. One court convicts him, and another one grants him bail.”

The rulings are demoralizing to those who look toward the courts for justice, he said.

“There is a very powerful force behind this. It is not as simple as it looks,” Parichha said.

Dr. John Dayal, secretary general of the All India Christian Council, said he was surprised by the orders.

“While it is a legal right for anybody to get bail, it is surprising that Pradhan was wanted in so many cases, and he can coerce and influence witnesses,” Dayal said. “His petition should not have been granted.”

The two Hindu nationalists were convicted by the Phulbani Fast Track Sessions Court I Judge Sobhan Kumar Das. Pradhan, member of the state Legislative Assembly (MLA) from G. Udayagiri, Kandhamal for the Hindu nationalist Bharatiya Janata Party (BJP), filed a petition stating that his name was not mentioned in the original First Information Report filed by Kanaka Rekha Nayak, but that he was dragged into the case later.

The bail order includes a warning to Pradhan to refrain from intimidating witnesses, stating, “The petitioner shall not threaten the witnesses examined.”

Rekha Nayak, along with her daughters Lipsa Nayak (4 years old when her father was killed) and Amisha Nayak (then 2 years old) were eyewitnesses to the murder of her 31-year-old husband, a Dalit Christian from Tiangia, Budedipada, in Kandhamal district. He was murdered on Aug. 27, 2008.

Rev. Dr. Richard Howell, general secretary of the Evangelical Fellowship of India, urged the Christian community to keep hope.

“The case is still on, not that it has come to an end,” he said. “There is a move that is being made to take the case further.”

Attorney Das has said he plans to appeal Pradhan’s sentence of seven years, in hopes of increasing it to life imprisonment.

 

Cases

Pradhan, who denies any wrongdoing, has been charged in 14 cases related to the August-September 2008 anti-Christian attacks. In seven of the cases he has been acquitted, he was convicted of “grievous hurt” in the Nayak case, and six more are pending against him.

Of the 14 cases in which he faces charges, seven involve murder; of those murder cases, he has been acquitted in three.

Cases have been filed against Pradhan for rioting, rioting with deadly weapons, unlawful assembly, causing disappearance of evidence of offense, murder, wrongfully restraining someone, wrongful confinement, mischief by fire or explosive substance with intent to destroy houses, voluntarily causing grievous hurt and voluntarily causing grievous hurt by dangerous weapons or means.

Pradhan was also accused of setting fire to houses of people belonging to the minority Christian community.

The Times of India reported Pradhan as “one of the close disciples” of Vishwa Hindu Parishad (VHP or World Hindu Council) leader Swami Laxamananda Saraswati, whose assassination on Aug. 23, 2008, touched off the anti-Christian violence in Kandhamal and other parts of Orissa.

Rekha Nayak filed a complaint and a case was registered against Mallick and others for murder, destroying evidence, rioting and unlawful assembly. Pradhan was arrested on Oct. 16, 2008, from Berhampur, and in December 2009 he obtained bail from the Orissa High Court.

Despite his role in the attacks, Pradhan – campaigning from jail – was the only BJP candidate elected from the G. Udayagiri constituency in the 2009 Assembly elections from Kandhamal district.

In recent court actions, Fast Track Court-II Additional Sessions Judge Chittaranjan Das on July 21 acquitted nine persons who had been arrested in the Tikabali area for various offenses, including arson, due to “lack of evidence.” The main charge against them was torching of a church on Aug. 28, 2008 at Beladevi village.

At least 132 persons have been convicted in different cases related to the 2008 violence in Orissa’s Kandhamal district, state Chief Minister Naveen Patnaik said on July 19. Patnaik said that 24 members of the Hindu extremist Bajrang Dal (Youth Wing of World Hindu Council) and VHP have been arrested and jailed.

Revenue and Disaster Management minister S.N. Patro said on July 21 that the 55 Christian places of worship were damaged in Tikabali block; 44 in G. Udaygiri; 39 in Raikia; 34 in K. Nuagaon; 19 in Baliguda; 16 in Daringbadi; nine in Phulbani; six in Kotgarh; five in Tumudibandha; and one each in Phiringia and Chakapada blocks.

 

SIDEBAR

India Briefs: Recent Incidents of Persecution

Karnataka - Hindu extremists from the Rashtriya Swayamsevak Sangh accused a pastor in Aldur of forceful conversion on July 24 and threatened him, telling him not to preach about Jesus. The All India Christian Council reported that the extremists filed a police complaint against Pastor Anand Kumar of forceful conversion. Both police and extremists ordered Pastor Kumar to remove the cross and name plate of the church. At press time area Christians were taking steps to resolve the issue.

Jammu and Kashmir – The state’s Foreigners Registration Officer reportedly issued a notice to a senior Christian worker to leave India by July 20 after a false complaint of forceful conversion was filed against him. The Global Council of Indian Christians reported that the state succumbed to pressure by Muslim extremists to deport Father Jim Borst, who has run Good Shepherd School in the Kashmir Valley since 1963. The school has been attacked on two occasions by members of other schools who felt they were unable to compete with it. For eight years these groups have led a campaign against Borst, claiming he was forcibly converting people under the guise of providing education. Borst, who denies the charge, has a valid visa till 2014. The interior minister reportedly said he had no knowledge of the deportation order, and Borst’s superiors indicated he would not leave.

Madhya Pradesh – Hindutva (Hindu nationalist) extremists on July 18 disrupted Christian worship in Barwaha, near Indore. The Global Council of Indian Christians reported that Pastor Subash Chouhan of the Indian Evangelical Team was leading Sunday worship when the extremists stormed in on the terrified Christians. They accused Pastor Chouhan of forceful conversion, photographed the congregation and told the pastor to close his tailoring school, which includes non-Christian students. This is the second time Pastor Chouhan has been arrested on false charges of forceful conversion; previously he was jailed for three days. The case was pending at press time.

Punjab – Police arrested Christians on July 10 after Hindu nationalists beat them, falsely accusing them of forcible conversion in Gurdaspur. Members of the Indian Pentecostal Church of God (IPCG) Western Region were visiting houses in the area on a social outreach mission when a group of extremists began to argue with them and then started beating four of them with their fists and shoes. Later they handed the Christians over to police, along with three more Christian men and five Christian women, complaining that they were converting people from the Hindu religion. Pastor Promod Samuel, along with the IPCG head A.M. Samuel, rushed to the Gurdaspur City police station to help the Christians, but officers detained them as well. Samuel told Compass that the president of the Hindu extremist groups Shiva Sena and Bajrang Dal, as well as many other Hindu nationalist leaders, gathered at the police station clamoring for officers to file charges against the 14 Christians. Hearing of the arrests, Christian leaders of Gurdaspur requested their release. The Christians were not released until Samuel signed an agreement assuring that Christians would not enter any non-Christian home. “The extremists are continuously following us around, to keep a check on us.” Samuel said.

Andhra Pradesh – Hindu extremists toppled a church building and attacked Christians on July 6 in Parawada, Visakhapatnam. The All India Christian Council (AICC) reported that local Hindu extremists were jealous and angry that a church stood at the entrance of the village and urged the Christians to move. The extremists threatened to attack the Christian community, claiming that they would allow no church in the area. When the church pastor refused to give in to their demand, they began damaging his household goods and pulled down the church building. The extremists also stopped the Christians from drawing water from a well. AICC was taking steps to resolve the matter at press time.

Madhya Pradesh – Police on July 4 arrested and charged two Christians under the state’s controversial “anti-conversion” law at Jawahar Nadar, Adharthal. According to the Global Council of Indian Christians (GCIC), a member of the Apostolic Christian Assembly, Shravan Kuman Dubey, invited Vishal Lal to lead a prayer service for his 6-year-old son Ravi’s birthday. Around 7:30 p.m., during prayer, a mob of nearly 75 Hindu nationalist extremists accompanied by police entered the house and falsely accused those present of forced conversion, taking 14 Christians to the Adhartal police station. After nearly four hours, police charged Shravan Kumar and Vishal Lal with forcible conversion and sent the others home. With GCIC intervention, both were released on bail the next day.

Madhya Pradesh – Hindu extremists belonging to the Dharma Raksha Samithi (Religion Protection Council) on June 28 stopped a Christian school bus and questioned young elementary students in Indore. The Global Council of Indian Christians reported that the bus was carrying Christian students from Orissa to their school in Indore. The extremists ordered the young students to get out of the bus and asked them whether forceful conversion was taking place, frightening the schoolchildren as police remained mere spectators. After threatening to harm the Christians if they carried out any Christian activities, they let them go. Area Christian leaders condemned the incident as a sign of Hindu extremists’ “reign of terror” in the state and demanded an investigation.

Karnataka – On June 13 in Anekal, Bangalore, Hindu extremists from the Rashtriya Swayamsevak Sangh beat a pastor whom they accused of forceful conversion. The Evangelical Fellowship of India reported that, in an apparently premeditated attack, an unidentified extremist telephoned Pastor Sam Joseph to come and pray for a sick person. The pastor agreed, only to be taken to a gathering of Hindu extremists with media people. The extremists accused the pastor of forceful conversion, beat him up and dragged him to Hebbagudi police station. Police released the pastor without charges after forcing him to agree that he would no longer lead Christian meetings.

Himachal Pradesh – State officials on June 5 sealed a Mission India building, claiming that it belongs to “outsiders,” in Bari, Mandi district. The Evangelical Fellowship of India’s (EFI) advocacy desk reported that the government closed the building, which functioned as a Bible study center and orphanage, claiming that no land in the area could be owned by non-native people. Pastor Sam Abraham told Compass that Mission India purchased the plot in 2005, constructed a building in 2007 and began using it as a Bible study center and orphanage in 2008. In July 2008, Hindu extremists filed a complaint against Mission India of forceful conversion and demanded the building be shut down. The extremists have since accused the Christians of forceful conversion, verbally abused them for their faith and threatened to kill them if they did not leave. Mission India officials asserted that the land legally belongs to them and that they have all necessary documents. At press time the Christians were looking for a place to rent that would accommodate at least 10 orphans.

Report from Compass Direct News

Conviction of Legislator in India Falls Short of Expectations


In murder of Christian, Hindu nationalist sentenced to seven years for causing ‘grievous hurt.’

NEW DELHI, July 2 (CDN) — Christians in Orissa state had mixed feelings about the sentencing on Tuesday (June 29) of state legislator Manoj Pradhan to seven years in prison for causing grievous hurt and rioting – but not for murder.

“Pradhan is not convicted of murder, but offenses of voluntarily causing grievous hurt by dangerous weapons and rioting were upheld,” attorney Bibhu Dutta Das told Compass. “Pradhan will be debarred from attending the Orissa Legislative Assembly unless the order of conviction is stayed by the Orissa High Court, or if special permission is granted by the court allowing him to attend.”

Kanaka Rekha Nayak, widow of murdered Christian Parikhita Nayak, acknowledged that the verdict on Pradhan and fellow Hindu nationalist Prafulla Mallick in the August-September 2008 violence against Christians did not meet her expectations. She said she was happy that Pradhan was finally behind bars, but that she “expected the court to at least pronounce life imprisonment on Pradhan and Mallick for the gruesome act that they committed.”

Das said he will try to increase the sentence.

“Pradhan spearheaded the riots and has several criminal charges against him – he cannot be let off with a simple punishment,” Das said. “We will be filing a criminal revision in the Orissa High Court for enhancing the period to life imprisonment.”

The day after Pradhan was sentenced, two Hindu nationalists were reportedly convicted of “culpable homicide not amounting to murder” in the burning death of a paralyzed Christian during the 2008 attacks on Christians in Orissa state’s Kandhamal district and sentenced to only six years of prison.

UCAN agency reported that Sushanta Sahu and Tukuna Sahu were convicted and sentenced on Wednesday (June 30) in the death of Rasananda Pradhan, a paralytic burned alive when Hindu extremists set his house on fire on Aug. 24, 2008. Church leaders criticized the lenient sentences.

Manoj Pradhan has been charged in 14 cases related to the August-September 2008 anti-Christian attacks. In seven of the cases he has been acquitted, he was convicted of “grievous hurt” in this one, and six more are pending against him.

Of the 14 cases in which he faces charges, seven involve murder; of those murder cases, he has been acquitted in three.

After a series of trials in which murder suspects in the 2008 Kandhamal district violence have gone free as Hindu extremist threats kept witnesses from testifying, the testimony of Nayak’s daughter, 6-year-old Lipsa Nayak, helped seal Pradhan’s conviction.

His widow, Rekha Nayak, told Compass that due to the severe threats on her life that she has received, she and her two daughters were forced to flee the area and go into hiding.

There were around 1,500 Hindu supporters present for this week’s verdict, a source in the courtroom told Compass on condition of anonymity.

“We had to leave the place before the judgment was pronounced and could not enter that area for three or four days after the verdict,” said the source, adding that prosecuting lawyers and human rights activists received the main threats.

Along with the seven years of prison, the Phulbani Court sentenced the Hindu nationalist Bharatiya Janata Party (BJP) member of the Legislative Assembly of Orissa from G. Udayagiri, Kandhamal to a fine a little more than US$100, as it did for Mallick. The verdict came from Fast Track Sessions Court I Judge Sobhan Kumar Das in the Aug. 27, 2008 murder of 31-year-old Parikhita Nayak, a Dalit Christian from Tiangia, Budedipada, in Raikia block of Kandhamal district.

Pradhan was also accused of setting fire to houses of people belonging to the minority Christian community.

“I have the highest regard for the judiciary,” Pradhan told Press Trust of India after this week’s verdict. “We will appeal against the verdict in the higher court.”

Cases have been filed against Pradhan for rioting, rioting with deadly weapons, unlawful assembly, causing disappearance of evidence of offense, murder, wrongfully restraining someone, wrongful confinement, mischief by fire or explosive substance with intent to destroy houses, voluntarily causing grievous hurt and voluntarily causing grievous hurt by dangerous weapons or means.

Dibakar Parichha of the Cuttack-Bhubaneswar Catholic Archdiocese told Compass that the judgment was “a good boost to the Christian community.”

“When the trials were on, the Nayak family faced terrible times,” Parichha added. “Pradhan and his associates threatened Kanaka Rekha, the widow of the deceased, right inside the courtroom of dire consequences if they testified about them.”

Archbishop Raphael Cheenath of the Cuttack-Bhubaneswar diocese issued a statement saying that the verdict had boosted confidence in the judiciary that criminals will be punished.

“People have been waiting for good judgment, and we have confidence in the judiciary that criminals will be punished,” Cheenath said, adding that the sentence will show criminals that the law will not spare any one. “One day or other, they will be punished.”

The Rev. Richard Howell, general secretary of the Evangelical Fellowship of India, told Compass that the verdict offered some hope.

“The fact that something has happened gives us some hope that more convictions would take place in the trials to come,” he said.

Calling the conviction “justice that was long overdue,” Howell said that not much can be expected from Fast Track Courts as no security is provided to witnesses.

 

Girl’s Testimony

During the 2008 anti-Christian attacks that followed the death of Hindu leader Swami Laxmanananda Saraswati, Lipsa Nayak’s parents and her sister had taken refuge in the forest to escape the fury of the Hindu extremists, but the rampaging mob tracked them down.

Lipsa, then 4 years old, along with her mother and then 2-year-old sister, Amisha Nayak, watched in horror as the crowd allegedly beat her father for two hours and then killed him by cutting him into pieces and burning him.

Rekha Nayak filed a complaint and a case was registered against Pradhan, Mallick and others for murder, destroying evidence, rioting and unlawful assembly. Pradhan was arrested on Oct. 16, 2008, from Berhampur, and in December 2009 he obtained bail from the Orissa High Court.

Despite his role in the attacks, Pradhan was the only BJP candidate elected from the G. Udayagiri constituency in the 2009 Assembly elections from Kandhamal district. He had campaigned inside jail.

On March 14, Rekha Nayak and her daughter Lipsa testified in court in spite of the threats. Rekha Nayak reportedly testified that when the Hindu mob demanded that her husband renounce Christianity or face death, he kept quiet, which led to his death.

Prosecution and defense lawyers questioned Lipsa for more than 90 minutes, and she reportedly answered all questions without wavering. Asked by the judge if she could identify the killer of her father, she pointed to Pradhan.

So far he has been exonerated of murder charges against him for “lack of witnesses.” Christian leaders say that Pradhan has been intimidating witnesses because of his position as a member of the Legislative Assembly.

The government of Orissa has set up two Fast Track courts to try cases related to the violence that spread to more than a dozen districts of Orissa. The attacks killed more than 100 people and burned 4,640 houses, 252 churches and 13 educational institutions.

Trials are being held for 38 cases in which 154 people have been convicted and more than twice that many have been acquitted, as high as 621 by one count. Victims filed 3,232 complaints in the various police stations of Kandhamal district. Of these, police registered cases in only 832 instances.

“Nearly 12,000 people are accused in the riot case – 11,803 are out on bail,” said attorney Das.

Report from Compass Direct News

Signs of Witness Intimidation Mount in Orissa, India


Fear factor results in transfer of rape case; meantime, 6-year-old girl says politician is killer.

NEW DELHI, April 2 (CDN) — Due in part to intimidation of witnesses in Kandhamal district, a judge this week granted a change of venue for the trial of men accused of gang-raping a nun during anti-Christian attacks in Orissa in 2008.

The trial will be transferred from Baliguda, Kandhamal to Cuttack, near the Orissa state capital of Bhubaneswar. Justice Indrajit Mohanty of the Orissa High Court on Tuesday (March 30) ordered the inter-district transfer of the trial. The nun, Meena Lilita Barwa, had argued that witnesses would be intimidated into refraining from testifying if the trial were held in Kandhamal district.

She also argued that Kandhamal’s intimidating atmosphere made it too dangerous for her appear in court there. Christians were hopeful that the transfer would lead the administration to review police and court processes in Kandhamal district.

Police have arrested 19 people for allegedly assaulting the nun on Aug. 25, 2008 and parading her half-naked through the streets.

Hindu Politician Identified as Killer

After a series of trials in which murder suspects in the 2008 Kandhamal district violence have gone free as Hindu extremist threats have kept witnesses from testifying, a 6-year-old girl has identified a powerful local politician as the man who killed her father.

In testimony at Fast Track Court No. 1 on March 14, Lipsa Nayak of Kandhamal identified Manoj Pradhan, a member of the Legislative Assembly of Orissa, as the man who cut and burned her father to death when Hindu extremists attacked Christians following the Aug. 23, 2008 death of a local Hindu leader.

Pradhan has been accused in nine cases of murder and in 14 cases of arson. So far he has been exonerated on the murder charges against him for “lack of witnesses.” Christian leaders say that Pradhan has been intimidating witnesses because of his position as a member of Legislative Assembly. Lipsa’s mother, 32-year-old Kanak Rekha Nayak, has said that Pradhan and his associates have threatened to harm her family if they identified him as the killer.

The Nayak family lived in Tiangia, Budedipada, in Raikia block of Kandhamal district. During the anti-Christian attacks that followed the death of Hindu leader Swami Laxmanananda Saraswati, Lipsa’s parents and her sister had taken refuge in the forest to escape the fury of the Hindu extremists, but the rampaging mob tracked them down.

Lipsa, then 4 years old, along with her mother and 2-year-old sister, watched in horror as the crowd allegedly beat her father, Parikhita Nayak, for two hours and then killed him by cutting him into pieces and burning him.

Prosecution and defense lawyers questioned Lipsa for more than 90 minutes, and she reportedly answered all questions without wavering. Asked by the judge if she could identify the killer of her father, she pointed to Pradhan, the MLA from the Hindu nationalist Bharatiya Janata Party (BJP) from G. Udayagiri, Kandhamal.

Her mother later told media, “They played with him for a few hours before cutting him into pieces and dousing him with kerosene.”

Accused as a primary suspect in the murder along with Pradhan is Kali Pradhan. The government of Orissa has set up two Fast Track courts to try cases related to the violence that spread to more than a dozen districts of Orissa. Maoists have taken responsibility for the killing, though Hindu extremists accused Christians in an effort to spark anti-Christian violence. The attacks killed more than 100 people and burned 4,640 houses, 252 churches and 13 educational institutions.

Christian leaders have denounced the legal process in the Kandhamal violence, saying not only that witnesses have been threatened and the intimidated but that police investigations have been negligent or corrupt.

“There has been no conviction in any case of murder,” said Dr. John Dayal, a member of the National Integration Council. “More than 70 people were killed, and trial is being held only for 38 or so of those deaths. Eleven murder cases have been tried with no one being indicted or sentenced for murder so far – because of terrible investigation by the police, a poor show by the prosecuting lawyers and shoddy judicial process.”

The 123 cases tried in the Fast track courts have resulted in 97 convictions and 323 acquittals, including several cases decided on Wednesday (March 31). Seven people in two separate cases were convicted of arson and rioting cases. Nata Pradhan, Jahala Pradhan, Ashok Mallick, Bapa Pradhan, and Udayanath Pradhan from Raikhala-Gadiapada village were sentenced for two years imprisonment for destroying the house of Birendra Nayak of the same village. They were also fined 2,500 rupees (US$55). In the other case, Ratnakar Pradhan and Parsuram Pradhan from village Tatamaha, Raikia block were convicted of riot and arson.

At the same time, Fast Track Court I Judge S.K. Das acquitted 20 people persons in three separate cases for lack of evidence.

“Witnesses are being coerced, threatened, cajoled and sought to be bribed by murderers and arsonists facing trial,” said Archbishop of Orissa Raphael Cheenath in a statement. Previously he had demanded that the cases of politically powerful persons such as Manoj Pradhan be transferred out of Kandhamal to ensure proper justice.

“We are deeply concerned about the high rate of acquittals in the Fast Track Courts,” Cheenath said. “Victims filed 3,232 complaints in the various police stations of Kandhamal. Of these, the police registered cases in only 832 instances.”

Orissa Chief Minister Naveen Patnaik filed a written admission in the Orissa Assembly in November 2009 in which he said 85 members of the Hindu extremist Rashtriya Swayamsevak Sangh (RSS), 321 persons of Hindu nationalist umbrella group Vishwa Hindu Parishad (VHP) and 118 persons of Hindu extremist youth wing, the Bajrang Dal, had been arrested for their involvement in the Kandhamal riots.

While the government says that situation is normalizing in Kandhamal, Christian leader like Dr. John Dayal give a different story.

“While it is possible to visit one half of the district of Kandhamal and discover only peace, it is the other half of the district which speaks of the continuing tyranny,” he said. “The bloodshed has stopped because of belated police action, but the miscarriage of justice and the lost peace continue to haunt thousands of people who have not been able to go back to their homes for fear of their lives. Thousands of children cannot go to school, especially the girls. What is worse is that many girls have been trafficked.”

The district collector banned all Christian organizations from coming to the district to bring aid to victims after the 2008 violence, he added, “and it took an appeal to the Supreme Court of India by the archbishop of Bhubaneswar for much needed relief to be given to the people in the then refugee camps.”

He expressed doubts about the government portrait of normalcy in Kandhamal.

“Even if the church does its best, only half of the 5,600 or so houses burned to the ground will ever be rebuilt,” he said. “The district collector and other officers of the civil and police system who are guilty of gross dereliction of duty continue to be in control. Thousands of men continue to be without jobs. Is this normalcy?”

Firebrand Arrested

On March 20, a controversial leader of the VHP, Praveen Togadia, was arrested as he tried to defy orders prohibiting him from entering Kandhamal. Togadia had played a major role in whipping up passions among the Hindus of Kandhamal after the killing of Saraswati.

Togadia had led a procession with the body of Saraswati through different areas of the district for more than 100 kilometers, sparking off or intensifying violence against Christians.

The government of Orissa came under heavy fire from civil society for allowing the procession, and on the latest occasion the local administration was careful to detain Togadia under the Section 151 of the Code of Criminal Procedure, which provides for authorities to make arrests to prevent potential offenses. Togadia was later released on bail.

Togadia termed the prohibition on his visit a “ban” that was “illegal and undemocratic.” In response to the “ban” on Togadia, the Hindu extremist Sangh Parivar and the BJP protested with a 12-hour bandh (shut down) in Kandhamal on March 20, while the VHP held demonstrations in Bhubaneswar, Berhampur, Bolangir, Sambalpur and Cuttack. VHP also blocked National Highway 217 for one hour and burned an effigy of Chief Minister Patnaik.

“The state government didn’t stop foreign missionaries from going to tribal areas of Kandhamal and other parts of Orissa,” VHP leader Swadesh Pal Gupta said. “They were being provided with full support and freedom. But when a leader who is an International Secretary General of VHP tries to go to Kandhamal, the government stopped him. We are staging a nationwide protest against this.”

Report from Compass Direct News 

EU Visit to Orissa, India Triggers Barrage of Accusations


Hindu nationalists protest delegation as Christians cite injustices.

NEW DELHI, February 8 (CDN) — A delegation from the European Union concluded a “fruitful” trip to India’s violence-torn Orissa state on Friday (Feb. 5) amid a swirl of protests by Hindu nationalist groups and cries of injustice by Christians.

The delegation was able to hold “open and frank” discussions with Kandhamal officials on the visit, said Gabriele Annis of the Embassy of Italy.

“We had a very good meeting with the Kandhamal district administration,” Annis told reporters. “It is fruitful. We had open and frank discussion. It helped us in understanding the situation and understanding happenings over the past 15 months.”

The delegation was led by Christophe Manet, head of Political Affairs of the European Commission delegation to India and consisted of members from Spain, Hungary, Poland, Ireland, Italy, Netherlands, the United Kingdom, Finland and Sweden. A delegation from five European countries had visited Orissa earlier in November 2009, but the government of Orissa denied them permission to visit Kandhamal district, where Christians say they continue to be threatened and destitute.

Archbishop Raphael Cheenath said on Saturday (Feb. 6) that despite the claims of the state and district administrations, life for the Christian victims of violence in August-September 2008 remains far from normal: thousands still live in makeshift shanties along roadsides and in forests, he said, and local officials and police harass them daily.

“The block officers have been playing with the facts, indulging in corrupt practices and cosmetic exercises whenever political and other dignitaries come to visit or inspect,” the archbishop said in a statement. “Innocent people are coerced into giving a false picture. The chief minister must investigate the role and functioning of the entire district administration . . . It is strange that officers in whose presence the violence took place and thousands of houses were burnt are still in office and are declaring that there is peace in the district.”

Following attacks in the area after Hindu extremists stirred up mobs by falsely accusing Christians of killing Hindu leader Swami Laxmanananda Saraswati on Aug. 23, 2008, more than 10,000 families were displaced from their homes by the violence. Since then, Cheenath said, an estimated 1,200 families have left the area. Between 200 and 300 families reside in private displacement camps in the district, and more than 4,400 families still live in tents, makeshift shelters or the remnants of their damaged houses, he said.

The number of attack victims who have received financial assistance from the government, churches or Non-Governmental Organizations (NGOs) is unknown, but is estimated at 1,100 families, Cheenath added.

He criticized Prime Minister Manmohan Singh and the Chief Minister of Orissa Naveen Patnaik saying, “Both of them had promised to provide adequate compensation for the damages caused during the 2008 communal violence. But the victims have not been adequately compensated.”

Cheenath said the state government had decided not to compensate any riot-affected religious institutions even though India’s Supreme Court had directed the government to compensate them for all damages.

“This is a national calamity and demands a special package for the affected people, which should include land, income generation, education and healthcare,” the archbishop said.

Extremist Makeover

Prior to the visit, Christian leaders expressed their shock at Kandhamal district authorities attempting a cosmetic makeover by evacuating nearly 100 Christians from G. Udayagiri.

In letters to the EU delegation, the state government and national human rights and minorities commissions, Dr. John Dayal of the All India Christian Council narrated the plight of the 91 members of 21 families from 11 villages who were living under plastic sheets along a road in the marketplace area of G. Udayagiri.

Dayal said the group included 11 married women, three widows, an elderly man with a fractured hip and thigh, and two infants born in the camp. They had faced almost daily threats, he said, as they had not been allowed to return to their villages unless they renounced their faith and became Hindus.

Soon after the decision to allow the EU delegation, the water supply to the makeshift site was cut off and police and civil officers drove away the residents, who had only plastic sheets to protect them from the cold, he said. The refugees said officers later gave them permission to come back at night but to keep the area clear.

“The families are in G. Udayagiri, they have moved in front of the road, and they are in a very bad state,” the Rev. Samant Nayak of G. Udayagiri told Compass. “They are literally on the road.”

He said that approximately 55 families were living in G. Udayagiri, where they had been given land, and a Christian NGO was helping to construct houses for them.

The Press Trust of India reported that Orissa officials were nervous about last week’s delegation visiting Kandhamal but finally gave permission under pressure from the central government. State officials finally allowed the visit with the pre-condition that the delegation would be allowed only to interact with people and not engage in fact-finding, according to a senior official in Orissa’s home department.

The Kandhamal district collector, Krishna Kumar, told Compass that all went well and “no untoward incidents took place,” but sources reported at least one minor disturbance in Bodimunda village. On Wednesday (Feb. 3), one house was reportedly damaged there in a scuffle that also resulted in two arrests by the local police.

During their Kandhamal visit, the EU delegation was reportedly forced to cancel a meeting with judges of Fast Track courts established in Phulbani, in Kandhamal district, to prosecute hundreds of those accused in the 2008 violence, due to protests from the local lawyers’ association.

Kumar, however, pointed out that the lawyers’ protest was secondary to the lack of clearance from the High court for the meeting with the judges. “The same was not informed to us prior to the visit,” he added.

Justice Denied

The anti-Christian violence in August-September 2008 killed over 100 people and burned 4,640 houses, 252 churches and 13 educational institutions. Archbishop Cheenath said justice is critical to long term peace.

“The two Fast Track courts, and the court premises, have seen a travesty of justice,” he said in the Feb. 6 statement. “Witnesses are being coerced, threatened, cajoled and sought to be bribed by murderers and arsonists facing trial. The court premises are full of top activists of fundamentalist organizations. The witnesses are also threatened in their homes with elimination, and even their distant relatives are being coerced specially in the murder and arson cases against Member of Legislative Assembly [MLA] Manoj Pradhan.”

Though some witnesses have testified on Pradhan’s alleged involvement in crimes in depositions, he has been acquitted in case after case, the archbishop added.

“We are demanding a special investigation team to investigate every case of murder and arson,” he said. “Similarly, there is also need for transferring the cases against politically powerful persons such as Pradhan to outside Kandhamal, preferably to Cuttack or Bhubaneswar.”

Cheenath said victims have filed 3,232 complaints at Kandhamal police stations, but officers registered only 832 cases. As many as 341 cases were in the G. Udayagiri area alone, 98 in Tikabali and 90 in Raikia, he said.

“Even out of this small number [in G. Udayagiri], only 123 cases were transferred to the two Fast Track courts,” he said. “So far, 71 cases have been tried in the two courts, and 63 cases have been disposed of. Of these, conviction occurred only in 25 cases, and even that is partial as most of the accused have not been arrested or brought to trial.”

Only 89 persons have been convicted so far in Orissa state, while 251 have been acquitted, supposedly for lack of witnesses against them, he said.

“Among them is Manoj Pradhan,” Cheenath said. “It is strange that in the case of 10 deaths by murder, nine cases have been closed without anybody being convicted, while there has been partial conviction in the case of one death. Who will bring justice in the case of the nine murder cases?”

The archbishop demanded that independent lawyers be allowed to assist overworked special public prosecutors.

Hindu Nationalist Protests

Protesting the delegation visit was the Vishwa Hindu Parishad (VHP) and other Hindu nationalist organizations. VHP State General Secretary Gouri Prasad Brahma had lamented on Jan. 31 that the visit would trigger tension and demanded their immediate withdrawal.

“There is no business of the outsiders in the internal matter of the state,” he said.

The delegation also faced the ire of the Hindu extremist Bajrang Dal on the day of its arrival in Bhubaneswar, capital of Orissa, on Tuesday (Feb. 2). Hundreds of its cadres met the delegation at the airport shouting loudly, “EU team, go back.”

Five Bajrang Dal members were detained for creating trouble, Deputy Commissioner of Police H.K. Lal told media on Wednesday (Feb. 3).

After the delegation had left, the Orissa Bharatiya Janata Party (BJP) heavily criticized the central and the state governments, with BJP state President, Jual Oram telling a press conference that the state had allowed the visit to “divide people on communal lines.” He said that the delegation had not met any Hindu leader during their visit to Kandhamal, which “exposed their communal agenda.”

Oram accused the delegation of violating protocol in trying to meet the judges of fast-track courts in Kandhamal, saying this “amounted to interference into internal affairs of a sovereign independent member state under the U.N.”

At the same press conference, BJP MLA Karendra Majhi said that allowing the visit was an attempt by the chief minister to win back the confidence of minority Christians. He alleged that the delegation had held secret meetings in a Catholic church at Phulbani with church leaders and select NGOs to facilitate conversions to Christianity.

“I have every reason to believe that the promised assistance of 15 million euros to Kandhamal by the EU delegation will be utilized for conversion activities,” Majhi said.

Report from Compass Direct News 

Hindu Nationalist Party Official in India Charged in Nun’s Rape


Local politician of Bharatiya Janata Party had attended Christian school.

NEW DELHI, December 11 (CDN) — Police in Orissa state have arrested an official of the Hindu nationalist Bharatiya Janata Party (BJP) for allegedly leading an attack that ended in the rape of a Catholic nun during last year’s anti-Christian mayhem in Kandhamal district.

Officers in the eastern state of Orissa had been searching for Gururam Patra, identified by local residents as the general secretary of the BJP in Kandhamal district, for more than 14 months. Arrested on Saturday (Dec. 6) in Balliguda, Patra was charged with leading the attack but not with rape.

Dilip Kumar Mohanty, an investigating officer, told Compass that a non-bailable warrant had been issued against Patra, accused of being “the main organizer” of the attack on Aug. 25, 2008, in which then-28-year-old Sister Meena Lalita Barwa said she was gang-raped.

Mohanty said he had gathered “sufficient evidence” against Patra.

“He is the one who went into the house where the nun was staying and took her out, along with his associates who outraged her modesty,” Mohanty said.

Previously police had arrested 18 associates of Patra.

The Rev. Ajay Singh of the Catholic Archdiocese of Cuttack-Bhubaneswar told Compass that Patra had become a “terror” for local Christians, as “he was threatening against [those] identifying the accused in numerous cases.”

Violence in Kandhamal took place in August-September 2008, killing more than 100 people – mostly hacked to death or burned alive – and incinerating more than 4,500 houses, as well as destroying over 250 churches and 13 educational institutions. The violence began after a VHP leader, Swami Laxmanananda Saraswati, was killed by Maoists (extreme Marxists) on Aug. 23. Hindu extremist groups wrongly blamed local Christians for the assassination.

A local Christian from K. Nuagaon village, where the nun said she was raped, told Compass on condition of anonymity that Patra was the general secretary of the BJP for Kandhamal district. But the BJP and its ideological mentor, the Hindu nationalist conglomerate Rashtriya Swayamsevak Sangh (National Volunteer Corps or RSS), were reluctant to admit association with him.

Suresh Pujari, president of the Orissa state BJP, told Compass that he did not know if Patra was a member of his party.

“I have heard his name, but I have never met him,” he said. “The BJP is a big organization, and I cannot know everyone.”

RSS spokesperson Manmohan Vaidya told Compass that Patra was a block president (a local government position) in Balliguda during the violence.

“He may have attended a few meetings of the RSS, but he was never associated with the organization officially,” he said.

Investigating officer Mohanty said police have yet to establish his affiliations, but “it appears that he was from the RSS group.” Mohanty said Patra was not accused of rape but of being the main leader of the attack.

On Nov. 11, Orissa Chief Minister Naveen Patnaik, told the state assembly House that 85 people from the RSS, 321 members of the Vishwa Hindu Parishad (World Hindu Council or VHP) and 118 workers of the Bajrang Dal, youth wing of the VHP, were rounded up by the police for the attacks in Kandhamal.

Educated by Christians

Union Catholic Asian News (UCAN) agency reported Patra attended a Catholic school, Vijaya High School, in Raikia town in Kandhamal district.

The news agency quoted the Rev. Mathew Puthyadam, principal of the school when Patra attended, as saying that he was a good student and respected the priests.

“I really wonder how he changed,” Puthyadam told UCAN.

UCAN reported that Puthyadam said right-wing Hindu groups commonly recruit people educated at Christian schools and indoctrinate them against Christians. There were a few other former students of Catholic schools who also led mobs that attacked Christians in Kandhamal, he added.

Puthyadam reportedly said that when Patra’s mother brought him to the school, she said he lost his father in early childhood and they had no money to continue his studies; the priest arranged sponsorship through a Christian aid agency to cover his fees and lodging at Bishop Tobar Hostel.

‘Police Refused to Help’

It was during the August 2008 attacks that Barwa of the Divyajyoti Pastoral Centre in K. Nuagaon area in Balliguda, said she was attacked and raped.

At an Oct. 24, 2008 press conference, the nun said 40 to 50 people attacked the house in which she and priest Thomas Chellantharayil were staying; he also was attacked in the Aug. 25 incident. She said the assailants first slapped and threatened her, then took her out of the house.

“There were three men who first threatened to throw me into the smoldering fire,” she said. “Then they threw me on the veranda [which was] full of plastic pieces. One of them tore my blouse and undergarments. While one man stood on my right hand, the other stood on my left hand and the third man raped me.”

Another man tried to rape her as she got up, she said, and when a mob arrived she was able to hide behind a staircase. But the mob pulled her out and threatened to kill her while others wanted to parade her naked in the street.

“They then beat me up with their hands,” she said. “I was made to walk on the streets wearing my petticoat and sari, as my blouse was torn by one of the attackers. When we reached the market place I saw two policemen there. I asked them to help me, but they refused.”

When the nun filed a complaint at the Balliguda police station, she said, police made no arrests until The Hindu newspaper highlighted her case on Sept. 30, 2008.

Christian leader John Dayal, a member of India’s National Integration Council, said the government has yet to fully address violence against Christians.

“The administration, civil and police, have to act with their full strength to stop the hate campaign that has been unleashed in the last one year, and which has penetrated distant villages, creating schism and hatred between communities,” he said.

On Sunday (Dec. 7) Christians and rights activists formed a new organization, the Association of Victims of Communal Violence in Kandhamal in Phulbani to deal with the growing communal divide in Kandhamal.

“The major task of the new association, working closely with clergy and civil society activists irrespective of religion, is to restore public confidence and to ensure that the victims and witnesses felt safe enough to depose in court,” said Dayal.

He said Christian leaders hope this grassroots initiative will also help in the process of reconciliation and allow people to go back to their villages, where right-wing groups are threatening them with death if they do not convert to Hinduism.

Dayal also said there were rumors of human trafficking in Kandhamal, and that the new association felt special projects for women and especially young girls were urgently required.

“I pray they remain rumors,” he added.

Report from Compass Direct News 

Christians Concerned over Acquittals in Orissa, India Violence


Lax investigation, prosecution, lack of witness protection cited as reasons for injustice.

NEW DELHI, September 30 (CDN) — Only 24 people have been convicted a year after anti-Christian mayhem took place in India’s Orissa state, while the number of acquittals has risen to 95, compounding the sense of helplessness and frustration among surviving Christians.

Dr. John Dayal, secretary general of the All India Christian Council, called the trials “a travesty of justice.”

Last month a non-profit group, the Peoples Initiative for Justice and Peace (PIJP), reportedly found that as many as 2,500 complaints were filed with police following the violence in August-September 2008 in the eastern state’s Kandhamal district. The violence killed at least 100 people and burned more than 4,500 houses and over 250 churches and 13 educational institutions. It also rendered 50,000 people, mostly Christian, homeless.

Police, however, registered only 827 complaints and arrested fewer than 700 people, even though 11,000 people were named as attackers in those complaints, according to a PIJP survey.

“The manner of the judicial processes in the Kandhamal fast-track courts is tragic where all too many people have managed to escape conviction for crimes as serious as conspiracy for brutal, premeditated murder and deliberate arson,” Dayal told Compass.

Among those acquitted was Manoj Pradhan, who allegedly led mobs that killed Christians and burned their houses a few months before he became a state legislator from the Hindu nationalist Bharatiya Janata Party (BJP).

Facing charges in five cases of murder and six of arson, Pradhan has been acquitted in three cases.

On Thursday (Sept. 24), the judge of Fast Track Court-II, C.R. Das, acquitted Pradhan and another suspect, Mantu Nayak, on charges of killing Khageswar Digal for refusing to “reconvert” to Hinduism, according to the Press Trust of India (PTI). Digal was a 60-year-old Catholic and resident of Shankarakhol area in Chakapada Block in Kandhamal.

“The court acquitted the BJP MLA [Member of Legislative Assembly] and Nayak due to lack of proper evidence against them,” Special Public Prosecutor Pratap Patra told PTI.

The Rev. Ajay Singh, an activist from the Catholic Archdiocese of Cuttack-Bhubaneswar, said Digal’s son testified in court that he was witness to the killing of his father and knew the killers, and yet the accused were acquitted.

“It was a brutal murder, possibly a case of human sacrifice,” Singh said.

Digal was dragged from a vehicle before being killed on Sept. 24 last year – one month after the assassination of Vishwa Hindu Parishad (World Hindu Council or VHP) leader Swami Laxmanananda Saraswati by Maoists (extreme Marxists), which triggered the violence as Hindu extremists wrongly blamed Christians.

Singh spoke to the son of the deceased Digal, Rajendra Digal, who said his parents left their village after the violence and took shelter in the state capital, Bhubaneswar.

The elder Digal, who owned a grocery shop and 35 goats, returned to his village to see his house and livestock. After selling some of the goats, he boarded a public bus to Phulbani, Kandhamal district headquarters, to start his journey back to Bhubaneswar around noon on Sept. 24. As the bus started, however, some assailants allegedly led by Pradhan stopped the bus and dragged Digal out. They also broke his leg.

The attackers were said to have taken Digal to his village, where they looted his shop. Then they allegedly took him and eight of his goats to a nearby forest, where they feasted on the goat meat throughout the night.

When Rajendra Digal heard about it, he informed police, who allegedly took no interest in the complaint. Twelve days later, his father’s body, naked and burned with acid, was found 40 kilometers (25 miles) from the village. His genitals had also been chopped off.

Rajendra Digal said he believes his father may have been the victim of human sacrifice involving ritual feasting and torture.

Shoddy Probe, Lack of Evidence

A representative of the Christian Legal Association (CLA) said the police had been conducting investigations improperly.

The CLA source pointed out that in another Fast-Track Court-I case in which Pradhan was one of the accused, police had wrongly recorded the age of the informant, Bhutia Digal.

“The court observed that if the police could not cite the age of the informant correctly, how could they have investigated the case properly?” said the source, adding that such discrepancies were found in far too many cases.

During the violence in August-September 2008, the BJP was part of the ruling coalition with a local party, the Biju Janata Dal (BJD). The latter recently broke ties with the Hindu nationalist BJP, blaming it for violence in March, a month before the state assembly election.

The BJP lost the April-May election, and the BJD emerged as the stand-alone ruling party. It is believed that the state administration began taking action against the assailants only after the coalition split in March – six months too late, which possibly provided enough time for suspects to remove evidence and threaten witnesses.

Witnesses are still being threatened or bribed, according to rights groups.

On Thursday (Sept. 24), the day the BJP legislator was acquitted, the fast-track court also released five others accused of arson in the Tikabali area of Kandhamal in a separate case, reported the PTI.

Singh said the witnesses were either intimidated or bribed and therefore turned hostile to prosecutors in court. Friends of the accused took the witnesses to the court in their vehicle, he pointed out.

Dayal said the Orissa High Court should have taken notice of the increasing number of acquittals.

“A man now an MLA seems to be beyond the law,” he said. “I would demand a high-powered judicial review by the High Court of Orissa itself, or failing that, by civil society, which should set up an independent commission of retired judges and senior lawyers.”

Singh said police investigations and prosecutions were a “sham.” There is also “a pressing need for witness protection,” he said.

He added that there were reports of witnesses being intimidated and threatened in various villages, such as Dodingia, K. Nuagam, Phiringia and Solesoru. “Police are not entertaining complaints of the threat to the witnesses,” Singh said.

Dayal highlighted three essential problems: The quality of the charge-sheets prepared by police; the role of the public prosecutor in pressing the charges as prepared by police; and the circumstances under which eyewitnesses, “often sons and daughters of those killed, cannot attest to the truth or are forced into silence,” he said.

“India does not have a witness-protection program, and surely Kandhamal has none at all,” Dayal said. “Witnesses have to pass through an aggressive environment which affectively silences them. They are human beings and fear future violence, having seen brutal violence in the past.”

Singh and Dayal demanded that the cases be heard outside Kandhamal, preferably outside Orissa state.

SIDEBAR

First Life Sentences Handed Down for Orissa, India Killing

NEW DELHI, September 30 (Compass Direct News) – A fast-track court in Orissa state on Sept. 23 delivered its first life sentences for those convicted of murder in 2008 violence in Kandhamal district, sentencing five people to life imprisonment for their involvement in the killing of Pastor Akbar Digal.

Digal, 40, pastor of a Baptist church in Tatamaha village under Raikia police jurisdiction in Kandhamal district, was killed on Aug. 26, 2008 after refusing the slayers’ demand that he forsake Christianity and convert to Hinduism. His body was reportedly cut to pieces and then burned.

He is survived by his wife, Ludhia Digal, and five children.

Additional Sessions Judge Sobhan Kumar Das of Fast Track Court-I at Phulbani district headquarters sentenced Sabita Pradhan, 30; Papu Pradhan, 30; Abinash Pradhan, 29; Dharmaraj Pradhan, 32; and Mania Pradhan, 28, to life in prison and a fine of 5,000 rupees (US$104). The five were arrested after Pastor Digal’s wife filed a First Information Report on Aug. 29, 2008.

Previous to these sentences, two fast-track courts had sentenced 12 people to prison for terms ranging only from four to six years. The government set up the two fast-track courts to try nearly 900 cases related to anti-Christian violence that erupted in August 2008. The first conviction was determined on June 30.

The special Phulbani court also sentenced six others to three years’ rigorous imprisonment on Sept. 22 for an arson attack on a journalist’s house in Kandhamal’s Phiringia village on Dec. 12, 2007.

Police had arrested 11 people in this case, but the court acquitted five for “lack of evidence.” Convicted were Ganpati Kanhar, Rabindra Kanhar, Parmeshwar Kanhar, Daleswar Kanhar, Tuba Kanhar and Vijay Kanhar, whose ages range from 25 to 40 years. They were also fined 4,000 rupees (US$83) each.

Report from Compass Direct News 

INDIA: REFUSAL OF VISAS TO U.S. PANEL STUNS CHRISTIANS


Commission on religious freedom would have found violence-torn Orissa far from normal.

NEW DELHI, June 29 (Compass Direct News) – The Indian government is silent on why it refused visas to allow members of the U.S. Commission on International Religious Freedom (USCIRF) to visit troubled Orissa state, but there are indications that it was ducking protests from Hindu nationalist groups.

The USCIRF team was to leave for India on June 12, but the Indian embassy in Washington did not give them visas in time, the religious panel said in a June 17 statement.

“Our Commission has visited China, Russia, Saudi Arabia, and over 20 other countries,” Commission Chair Felice D. Gaer said in the statement. “India, a close ally of the United States, has been unique among democracies in delaying and denying USCIRF’s ability to visit. USCIRF has been requesting visits since 2001.”

The team was to discuss religious freedom with officials of the new government, which began its second five-year term on May 22, as well as with religious leaders, civil society activists and others in the wake of anti-Christian attacks in Kandhamal district of the eastern state of Orissa in December 2007 and August-September 2008.

The U.S. panel also intended to discuss conditions in the western state of Gujarat, where more than 2,000 people, mostly Muslims, were killed in a communal riot in 2002. The victims have reportedly not been properly rehabilitated, and many of their attackers remain at large. In 2005 the chief minister of Gujarat, Narendra Modi of the Hindu nationalist Bharatiya Janata Party (BJP), was denied a visa to the United States to attend the World Gujarati Meet because of his alleged involvement in the violence.

In 2002 the USCIRF, a bipartisan federal commission, recommended India be designated a “Country of Particular Concern” (CPC) following the 2002 violence in Gujarat. India was removed from the CPC list in 2005.

The Commission released its 2009 annual report on religious freedom across the globe on May 1 but put the India report on hold, planning to prepare it after the intended visit this month.

“I am profoundly surprised and distressed that it is the government of Dr. Manmohan Singh, in its second and so much secure term, which has denied visas to the USCIRF at the last moment,” said John Dayal, member of India’s National Integration Council.

Dayal, secretary general of the All India Christian Council (AICC), told Compass that such a decision would have been more expected under the previous administration of the BJP-led alliance.

“There would have been an acceptable, albeit very perverse, logic if a National Democratic Alliance, led by the BJP federal government – as existed in New Delhi until 2004 – had refused visas to the USCIRF,” he said, “because they had so much to hide and because that government’s professed ideological moorings were in fascism and theocratic arrogance.”

The United Progressive Alliance (UPA), led by the left-of-center Congress Party, won the general elections in April and May of this year with a comfortable majority in. While the UPA got 262 of the 543 parliamentary seats, the National Democratic Alliance, led by the Hindu nationalist BJP, could bag only 160.

The Rev. Dr. Babu Joseph, spokesperson of the Catholic Bishops Conference of India, said the Indian government’s decision was “very unfortunate.”

“Its visit and objective report would have helped in clearing the air of suspicion about the whole tragic episode in Kandhamal,” he said. “For, since the tragic events, there have been claims and counter-claims about what triggered and sustained the communal flare-up that caused unprecedented damage to life and property of people who were already in disadvantaged conditions.”

What USCIRF Would Have Found

The atmosphere in Orissa’s Kandhamal district has remained tense since a spate of attacks began in December 2007 that killed at least four Christians and burned 730 houses and 95 churches. The attacks were carried out to avenge an alleged attack on a Vishwa Hindu Parishad (World Hindu Council or VHP) leader, Swami Laxmanananda Saraswati.

Violence re-erupted in Kandhamal in August 2008 after the assassination of Saraswati by a Maoist group, though non-Marxist Christians were blamed for it. This time, the violence killed more than 100 people and resulted in the incineration of 4,640 houses, 252 churches and 13 educational institutions.

Had the USCIRF team been able to visit Kandhamal, Christian leaders said, it would have found the situation far from normal even eight months after violence reportedly ended.

According to The Indian Express of May 31, the deployment of five companies of the Central Reserve Police Force, a federal agency, was extended for another month. One company comprises 100 personnel. The federal internal minister had earlier decided to withdraw the force from Kandhamal, but state Chief Minister Naveen Patnaik requested he retain some of the contingent.

The Rev. Ajaya Singh of the Cuttack-Bhubaneswar Catholic Archdiocese said that around 3,000 victims were still living in government-run relief camps, and some 900 families were in village relief camps. Initially about 24,000 victims were housed in government relief camps. These internally displaced people cannot go back to their villages because of continuing threats from “fundamentalists and criminals,” he added.

Most of the people who carried out attacks remain at large, continue to pressure victims to withdraw complaints they filed against the rioters, and are still threatening harm to Christians who refuse to convert to Hinduism, he complained.

Singh told Compass that a legal aid center run by the Christian Legal Association (CLA) from a rented house in Phulbani, district headquarters of Kandhamal, had been ordered to move out after Hindu nationalist groups pressured the owner of the house.

“For the last one month, lawyers have been staying here to help the witnesses to speak the truth,” he said. “The momentum of the cases was picking up, but now the legal center itself is facing problems.”

Singh also said some witnesses were issued death threats on June 17. The witnesses were told not to go to court or else they would be killed.

“However, a complaint has been lodged at the police station and an affidavit submitted before a judge,” he added.

In addition to the 753 cases filed by police in connection with the August-September 2008 violence, the CLA has filed 63 private complaints, and 70 more will be filed in the coming days.

The Orissa United Forum of Churches (OUFC), a new interdenominational grouping, wrote to Chief Minister Patnaik recently, informing him that an administrative officer of the Raikia area had taken victims from the relief camp to their respective villages on June 6, but the local residents did not allow them even to enter their villages.

The OUFC added that there were around 2,000 Christians who were asked to go back to their villages, but that villagers chased them out. They are now living in marketplaces or on the outskirts of those villages in abject conditions.

According to the Evangelical Fellowship of India (EFI), extremists on June 2 burned down three homes that were partially destroyed during the August 2008 violence in Sirsapanda area in Kandhamal to prevent victims from returning to their villages.

The Christians were able to identify the attackers, but police advised them against naming them, said the EFI report.

“Christian properties were seized by local villagers, and having the Christians back in the village means giving back the land to their owners,” said the EFI’s Ashish Parida.

A CLA team, which recently visited two camps in Kandhamal, also said that the Christians were consistently ostracized by their neighbors.

Orissa is ruled by a regional party, the Biju Janata Dal (BJD), which was in partnership with the BJP when the violence took place. The BJD broke up with the Hindu right-wing party before the state assembly elections that were held simultaneously with the general elections.

Federal Internal Minister P. Chidambaram was in Kandhamal on Friday (June 26) to assess the law-and-order situation there and admitted police failure.

“What happened on Aug. 23 and thereafter was regrettable and condemnable. Moreover, it was the failure of the police for 30 to 40 days,” he said, according to The Hindu. “Now the situation is returning to normal but we cannot lower our guards.”

Chidambaram also said he wanted displaced Christians to return to their homes, seemingly because it will be difficult for the government to claim that normalcy has returned as long as they remain in relief camps.

“The government will ensure that no one harms you anymore. It is absolutely safe for you to return to your villages,” Chidambaram said at a relief camp in Raikia block, according to The Indian Express. “You have every right to practice your religion, build and pray in churches. You please return to your villages. I want to come back within one month and would like to see you in your homes in your villages.”

Christian leaders said that if the displaced people return home, many more reports of threats, attacks and ostracism are expected.

Why Visas Were Denied

Sources told Compass that both the Ministry of External Affairs (MEA) and the Ministry of Home Affairs (MHA) were behind the government’s move to block the USCIRF from entering the country.

Compass persistently tried to contact the spokesperson of the MEA, Vishnu Prakash, without success. The spokesperson of the MHA, Onkar Kedia, was travelling.

According to the June 17 The Times of India, the Indian Embassy in Washington pleaded innocent, saying the visa applications of the USCIRF team had been forwarded to New Delhi, as is the standard practice for all such visits.

Sources in the government in New Delhi denied that the visas were deliberately withheld, saying the time was not “proper” for such a visit, according to the daily.

“We really don’t care about what they [USCIRF] report,” it quoted an official as saying. “But a high-profile visit seen as having government sanctions would have raised hackles in India.”

The visas were denied amid diatribes by Hindu right-wing groups against the proposed visit of the U.S. religious freedom panel. An influential Hindu leader, Shankaracharya Jayendra Saraswati, had called for refusal of entry to the USCIRF team. “We will not allow interference in our internal religious affairs by external bodies,” he said in a press conference in Mumbai on June 12, according to the Press Trust of India. “We see USCIRF as an intrusive mechanism of a foreign government which is interfering with the internal affairs of India.”

Jayendra Saraswati is known to be close to Hindu nationalist groups.

The U.S. branch of the Hindu extremist VHP had also criticized the intended visit of the U.S. Commission, calling it “incomprehensible,” reported The Times of India. “The largest functioning democracy in the world with an independent judiciary, a statutorily constituted Human Rights Commission, an independent press and other supporting organizations would appear to be quite capable of taking care of the religious freedoms and human rights of its citizens,” it said.

Later, on June 22, Ashok Singhal, international president of the VHP, said in a statement that the USCIRF was “a self-appointed committee as an expression of the big brother attitude of the USA to enquire into the status of religious freedom in other countries … This commission is concerned only about the Christians in other countries whenever there is a hue and cry by the church that the Christians are persecuted in such countries. They never bother about the status of religious and racial discriminations meted out to other religionists in the Western countries, including the U.S.”

Rev. Joseph of the Catholic Bishops Conference, however, said it was “preposterous” to construe the USCIRF’s visit as interference in India’s internal matters, “as the organization is recognized the world over as a credible watch-dog of human rights and religious freedom.”

“Everyone knows that the government of the day did/could not effectively check the communal frenzy,” he added. “And the failure of the state has to be investigated not by the officials of the same state themselves, but by someone who can objectively view and make independent judgment on it.”

The USCIRF is expected to release the pending India report in the next few weeks.

“The denial of visas seeks to make opaque an otherwise healthy transparency in India’s human rights discourse,” said the AICC’s Dayal. Added Joseph, “Probably India missed a chance to come clean on its track records on human rights and religious freedom.”

Report from Compass Direct News