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 

Convictions Few in Anti-Christian Violence in Orissa, India


BJP legislator, a key suspect in Kandhamal violence, acquitted again and out on bail.

NEW DELHI, November 11 (CDN) — Following six acquittals last week in trials for those accused of the 2008 anti-Christian violence in India’s Orissa state and the release on bail of a key suspect, Christians are losing heart to strive for justice, according to a prosecuting attorney.

The acquittal of six suspects last week raises the total to 121, with just 27 convicted in the Orissa violence by Hindu extremists.

“The victims are so discouraged due to the increasing number of acquittals that they neither have hope nor motivation for the criminal revision of their cases in the higher court,” attorney Bibhu Dutta Das of the Orissa High Court told Compass.

He said the acquittals are the result of defective investigations carried out by police.

“This has been done intentionally, to cover-up the fundamentalists,” he said.

Das said that in many cases police fraudulently misrepresented the ages of culprits so that the ages of the accused in court would not match the age denoted in the victims’ First Information Reports, leaving the court no option but to let the alleged culprits go.

“There can be two persons by the same name, so age is a major identification factor that is considered,” said Das.

Christian leaders in Orissa said the state government’s claims of justice for the victims of the anti-Christian violence ring hollow as the number of acquittals is far more than convictions.

An Orissa state Member of Legislative Assembly (MLA) who was facing charges in 14 cases of “murder, burnings and assaults” in last year’s Kandhamal district violence against Christians has been released on bail in one of the murder cases.

Manoj Pradhan, MLA from the Hindu extremist Bharatiya Janata Party (BJP) in G. Udayagiri block, faces a murder charge in a slaying in Tiangia village. The Orissa High Court awarded him bail in the case, and he was released from Phulbani jail on Oct. 30.

On that day he was also acquitted of arson in a house-burning in Banjamaha village due to “lack of evidence.” In trials relating to the Orissa violence of August-September 2008, the Hindu extremist perpetrators have reportedly intimidated many witnesses to keep them from testifying.

“With Manoj Pradhan, who has charges of murder against him, released on bail, this is a big threat to the witnesses of cases against him,” attorney Das told Compass.

If Pradhan remains free, Das said, he likely will be acquitted in all other cases as he will be able to threaten witnesses.

“Pradhan is already acquitted in six cases, whereas eight cases are still pending against him,” Das said.

Special Public Prosecutor Bijay Pattnaik told reporters that Pradhan was acquitted of the arson charge as only one witness stepped forward.

“He was let off for want of evidence as there was a lone witness in the case,” Pattnaik said. “Only the victim testified in the case, and the charges against Pradhan could not be proved.”

Fast Track Court-I Judge Sobhan Kumar Das on Oct. 30 acquitted Pradhan of the house burning, which took place on Oct. 1, 2008. Earlier Pradhan was acquitted in two murder trials due to “lack of evidence.”

In another 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 MLA from the G. Udayagiri constituency while in jail.

Three Years of Prison

On Oct. 29 a fast track court at Phulbani sentenced three persons to three years rigorous imprisonment for destroying evidence in the murder of a man during the 2008 attacks in Kandhamal. Judge Das also imposed a fine of 1,000 rupees (US$21) each on Senapati Pradhan, 65, Revenswar Pradhan and Tidinja Pradhan, both 62. Failure to pay the fine would result in an additional three months of prison.

The three men were charged along with seven others for killing tribal elder Sidheswar Pradhan in the village of Solesoru, Tikabali block, on Aug. 25, 2008. 

Prosecutors said the three men clubbed Sidheswar Pradhan to death in front of villagers and family members, and that his body was set on fire. But the Judge Das convicted the three only of destruction of evidence in the case, exonerating them of the murder charges saying, “It could not be proved.”

Padisti Nayak, a 65-year-old widow, was reportedly burned alive on the same day. She had stayed back and not fled even after hearing the news of violence against Christians, believing the attackers would not harm an elderly woman.

Twelve days later Iswar Digal, her son-in-law who had fled to a refugee camp, contacted a district magistrate for information about her. When authorities inspected the family’s gutted home in Solesoru, they found only charred human remains, flesh and bones, which they collected as evidence of the violence.

The court acquitted the other seven of all charges due to lack of evidence against them.

Nabijini Pradhan, nephew of Sidheswar Pradhan, told Asia News that his family has since been receiving death threats.

“I cannot believe the murderers were acquitted,” he reportedly said. “Our family is at risk; we are getting death threats; they want to eliminate us. They killed and burned my uncle’s body to destroy every shred of evidence.”

Human rights activist Dhirendra Panda, a Hindu, told Asia News that some investigators are linked to Hindu extremists.

“Justice has been derailed, and some investigators are linked to the Sangh Parivar extremists,” Panda reportedly said. “They are determined to protect the accused, willing to manipulate cases rather than ensure justice for victims. Now not only are the religious rights of the population undermined, but also the core values of humanity and democracy.”

Report from Compass Direct News 

INDIA: FAITHFUL MOURN DEATH OF PRIEST ATTACKED IN ORISSA


Hindu extremists beat Fr. Bernard Digal unconscious, leaving him bleeding in forest.

NEW DELHI, October 31 (Compass Direct News) – More than 3,000 people today attended the funeral in Bhubaneswar, Orissa of a Catholic priest who died on Tuesday (Oct. 28) from injuries sustained in anti-Christian violence that began in August.

Father Bernard Digal died in Chennai, Tamil Nadu, after an operation to remove a blood clot that developed in his brain due to a head injury from Hindu extremists attacking him on Aug. 25-26 in Kandhamal district, Orissa state. He was 46.

“He was smashed like a pulp,” Raphael Cheenath, archbishop of Cuttack-Bhubaneswar, told Compass. “Because of the hate campaign of the [Hindu extremist] Sangh Parivar, the attackers lost their humanity and they became devils. Human beings can’t do what they have done.”

Archbishop Cheenath flew with Fr. Digal’s remains from Chennai to Orissa. Treasurer of Cuttack-Bhubaneswar archdiocese in Orissa, Fr. Digal was visiting Sankarakhole parish when violence flared after Maoists killed Hindu leader Laxmanananda Saraswati and his disciples on Aug. 23.

Though police suspected Maoists from the start and the outlawed Marxists had claimed responsibility for the murders by Sept. 1, Hindu extremists bent on stoking anti-Christian flames continued to publicize that Christians had committed the crime – and have not stopped doing so.

Fr. Digal and Father Alexander Chandy, along with driver Sisir Pradhan, had taken shelter in a forest after a furious mob gathered outside the parish shouting slogans to kill all missionaries. After spending two days in the forest, they left the forest after Fr. Chandy became ill, moving from village to village.

They finally took refuge in a gutted church building in Dudukangia village. It had been torched and only its walls were standing. Legs swollen from walking, the refugees hoped that the enraged Hindu mobs would not come, Archbishop Cheenath said.

But the mob tracked them down by midnight, the archbishop said, and the clerics and driver ran. The crowd caught hold of Fr. Digal, who later told Archbishop Cheenath, “The mob shouted to each other to kill me. I pleaded for my life, but in vain.”

Stripping Fr. Digal naked, the Hindu mob then hit him with crowbars, iron rods, cycle chains, axes, sticks and other weapons, the archbishop said.

“They made a bonfire to burn him alive,” he said.

Seeing the fire, Fr. Digal managed to escape and run through some thorny bushes but was caught shortly after. The intolerant Hindus continued to hammer him until blood flowed from his head and he lost consciousness, and they left him for dead, Archbishop Cheenath said.

“He lay there on the wet ground and in the cool breeze for six to seven hours,” he added. Two villagers who found him in the forest carried him to Phulbani.

After much pressure, the state administration took Fr. Digal to a private hospital in Bhubaneswar, under security cover, and from there he was taken to Holy Spirit Hospital in Mumbai.

Discharged the first week of October after more than a month in the hospital, he reached Chennai, Tamil Nadu on Oct. 12 to visit his friend the vicar general of the archdiocese, who was undergoing a heart treatment in St. Thomas Hospital.

“Fr. Digal, after coming to Chennai, complained of high fever, blood in the urine and headache, and lastly his lungs collapsed,” Archbishop Cheenath told Compass.

Tests revealed he had a blood clot in the brain, and he underwent emergency surgery on Sunday evening (Oct. 26), reported The Times of India. The next day, he developed acute respiratory disorder and slipped into a coma.

Kandhmal district Police Chief Pravin Kumar told the national daily that he had no knowledge of the attack on Digal.

“So many incidents took place,” he reportedly said. “I don’t know whether there was any formal complaint pertaining to the attack on him. The police can begin an enquiry into the incident if a complaint is lodged even now.”

The Orissa state government has ordered a probe into the death of Fr. Digal, according to The Statesman News Service.

Fr. Digal was ordained on May 29, 1992. He was a native of the village of Tiangia in Kandhamal.

 

Orissa Rape Victim’s Plea

Two months after a nun was raped and paraded half-naked on Aug. 25 in the anti-Christian violence in Orissa, the victim went before the media in New Delhi on Oct. 24 and recounted her traumatic experience.

Her head and face covered by a black scarf, Sister Meena Lalita Barwa accused police of being “friendly” with the attackers and of not being responsive to her plea. Expressing her distrust in Orissa police for failing to protect her from those who raped her and other attackers, she demanded a Central Bureau of Investigation (CBI) probe.

The nun had gone into hiding after the attack but decided to come forward after the Supreme Court turned down her initial request for a CBI investigation last week.

Sr. Barwa read from her handwritten statement, giving stark details of the incident. Archbishop Cheenath accompanied her in the press conference.

“Two of them were holding my neck to cut off my head with an axe,” she said. “Others told them to take me out to the road; I saw Fr. [Thomas] Chellan also being taken out and being beaten.”

The 40 to 50 men were armed with axes, spades, crowbars, iron-rods and sickles, Sr. Barwa added. She said she was taken to a building full of ashes and broken glass and raped there, with the mob subsequently parading her and Fr. Chellan for about a half a kilometer. Upon reaching a market she asked about a dozen Orissa police to help her, she said, “but they did not move.”

“This hate campaign,” Archbishop Cheenath said, “is done under the very nose of the authorities, and they are mere spectators of these shameful deeds.”

At the Balliguda police station, the nun recounted, she told the inspector in charge and other government officers how she was attacked, raped, taken away from policemen and paraded half-naked, and how the officers did nothing as she wept bitterly. The inspector asked her, she said, if she knew “what will be the consequence” of filing a First Information Report (FIR).

On Aug. 26, as she was writing the FIR, the inspector told her to hurry and not write it in detail, she said.

“State police failed to stop the crimes, failed to protect me from the attackers, they were friendly with the attackers,” she said. “They tried their best that I did not register an FIR, not make complaints against police, [and] police did not take down my statement as I narrated in detail and they abandoned me half of the way. I was raped and now I don’t want to be victimized by the Orissa police. I want a CBI enquiry.”

Since her press conference, Orissa Chief Minister Naveen Patnaik has called for a detailed report on the sequence of events from the district collector and superintendent of police.  

Report from Compass Direct News