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

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: OFFICIALS DOUBT CHRISTIANS KILLED HINDU LEADER

Orissa government leaks assessment pointing toward Maoists; protests nationwide

NEW DELHI, August 29 (Compass Direct News) – Sources in the government of Orissa said in an India media report today that they believe that Christians were not behind the killing of Vishwa Hindu Parishad (World Hindu Council or VHP) leader Laxmanananda Saraswati and four of his disciples on Saturday (August 23).

The death toll in “retributive” attacks against Christians today stood at 36, according to the Global Council of Indian Christians (GCIC).

A private news channel, NDTV 24X7, reported unnamed government sources as saying that their assessment was that Christians had no role in the killing, and that the probe was leading to Maoist (extreme Marxist) culprits.

Inspector General of Police (Intelligence) Manmohan Praharaj had on Wednesday told The Indian Express newspaper that evidence available to police was “consistent with the Maoist stamp in the kind of operation they undertake.”

“The assailants had left a note written on the letterhead of Vamsadhara Zonal Committee, signed by one Azad, and it is consistent with the Maoist methods,” he added.

After the attack on Saraswati’s ashram (religious center) in Kandhamal district, the VHP and the Hindu nationalist Bharatiya Janata Party (BJP), partner of the ruling coalition with the Biju Janata Dal party, claimed that Christians had killed Saraswati because he was fighting “forced” conversions. Saraswati was allegedly behind a spate of anti-Christian attacks in Kandhamal last Christmas season. The violence lasted for more than a week beginning December 24, and killed at least four Christians and burned 730 houses and 95 churches.

With Hindu extremist leaders having urged followers to “Kill Christians and destroy their institutions,” mobs allegedly led by the VHP today carried on attacks on Christians in Orissa’s Kandhamal district for the sixth consecutive day, though there were reportedly fewer incidents than in the previous five days.

To express solidarity with the victims of the violence, Christians from various denominations and across the country registered their protests. Around 45,000 Christian schools and colleges throughout the country remained closed today to demand protection of Christians in Orissa.

“Survival is more important than education,” the Rev. Dr. Babu Joseph, spokesman of the Catholic Bishops’ Conference of India (CBCI), told Indo-Asian News Service (IANS), refering to the CBCI’s call for a nationwide closure of Christian schools.

A Hindu extremist group in Gwalior city in the northern state of Madhya Pradesh, however, pelted stones at some schools and churches.

“While all Christian schools and colleges in Madhya Pradesh remained closed on Friday in protest, a group of people pelted stones at Carmel Convent School, St. Theresa School and Church and St. Paul’s Church in Gwalior,” V.K. Suryavanshi, superintendent of police, told IANS. Madhya Pradesh is ruled by the BJP.

 

‘Ethnic Cleansing’

Raising cries against “ethnic cleansing” of Christians in Orissa, thousands of Christians today staged a rally in the national capital to protest violence that has claimed at least 30 lives, destroyed hundreds of houses and churches and forced thousands of Christians to flee to jungles.

Among other protests across the country, at the Orissa House in New Delhi Christians from almost 30 churches and numerous organizations gathered to protest the violence. Addressing the throng was Archbishop Raphael Cheenath from Orissa, Archbishop Vincent Concessao of Delhi, Dr. John Dayal of the All India Christian Council (AICC) and the Rev. Dr. Richard Howell of the Evangelical Fellowship of India.

Member of Parliament P.C. Thomas, retired high court judge Kulse Patil, attorneys from the Christian Legal Association, human rights activists Shabnam Hashmi and Teesta Setalvad, and Dalit leader Udit Raj were also part of the protest.

Christians submitted a memorandum to Orissa Gov. Murlidhar Chandrakant Bhandare after the rally.

“In deep anguish and pain, we, the Christian community of the Delhi and National Capital Region, submit this memorandum to you, and not to the Chief Minister of Orissa, because we believe that by not stopping the ethnic cleansing of Christians in Orissa in the last six days, he has abdicated his Constitutional duties to the Sangh Parivar [family of Hindu extremist groups] and thereby has forfeited his right to be in government,” it said.

The memorandum also demanded declaration of President’s Rule in Orissa under Article 356 of the Indian Constitution, saying the constitutional machinery of the state had failed.

“Nuns have been raped, pastors, priests, religious workers injured in their hundreds,” it reads. “Over forty churches have been destroyed, many for the second time, apart from once again hundreds upon hundreds of houses burnt in towns, villages and forest settlements. Christians have been chased and hunted like animals.”

The GCIC will stage a day-long sit-in protest in front of the Orissa state assembly in state capital Bhubaneswar tomorrow.

Organizations in the United States and United Kingdom also have condemned the violence, demanding action against the attackers. Christian Solidarity Worldwide, the Dalit Freedom Network, the Federation of Indian American Christian Organizations in North American, the Indian National Overseas Congress, and the Indian Muslim Council of the USA are among them.

 

‘National Shame’

A Christian delegation from across various denominations yesterday met with Indian Prime Minister Manmohan Singh, who called the Orissa violence a “national shame.” Singh assured the church leaders of compensation of 300,000 rupees (US$7,500) to the families of those killed, reported The Hindu newspaper.

Singh also reportedly promised funds from the Prime Ministers’ Relief Fund for providing relief and rehabilitation to all those affected by the violence.

The federal government also seeks a probe by the Central Bureau of Investigation (CBI) into the violence against Christians.

“We would have liked ideally that this matter be handed over to the CBI, because those responsible should get justice immediately as judicial probe takes longer time,” Science and Technology Minister Kapil Sibal (from the Congress Party) told the Press Trust of India news agency. Sibal, however, clarified that it was for the state government to recommend a probe by the federal investigating agency, as the federal government could not do this on its own.

The opposition Congress Party in the Orissa state assembly House moved a no-confidence motion against the ruling coalition late today. It posed little threat to the government, which had the required majority to defeat it in a voice vote.

 

Tensions, Mob Attacks Continue as Violence Ebbs

NEW DELHI, August 29 (Compass Direct News) – As a week of violence drew to a close following the killing of senior Vishwa Hindu Parishad (VHP) leader Laxmananada Saraswati, some angry Hindu mobs were still attacking Christians in spite of orders by the Orissa state administration to shoot agitators on sight.

The “shoot-at-sight” orders are in place in eight of the most sensitive areas as the number of deaths climbed to at least 36, according to the Global Council of Indian Christians. By nightfall in Orissa state, authorities had discovered the body of Abhimanyu Naik of Kandhamal district near Raikia village; they said he was the apparent victim of a mob attack.

The government maintains a figure of 19 dead, while Christian and human rights agencies calculate higher tolls. The Asian Centre for Human Rights asserts that more than 50 persons, mainly Christians, have been killed. Dr. John Dayal, secretary general of the All India Christian Council, reported in a letter to United Progressive Alliance Chairperson Sonia Gandhi that 30 persons have been killed.

Orissa police have reportedly put about 165 people behind bars for the violence, but Vijay Simha, senior editor of independent weekly news magazine Tehelka, told Compass from Kandhamal district that there is no evidence against them.

“These arrests are based purely on suspicion,” he said. “There is terror all over. Those who are hiding in the forest and those in the homes – no one feels safe. The areas are totally deserted.”

Orissa officials report that in Kandhamal district alone 20 churches have been burned, 19 people killed, 10 people seriously injured, 28 vehicles burned and more than 500 houses burned down or destroyed. But lawyer Bibhu Dutta Das told Compass that the number of houses burned or destroyed in Kandhamal could be “a lot more than what was quoted in the government report – the number can be over 1,000.”

Sources said churches were attacked today in Tharnamal, Phatara, and Panbarani. Churches were burned throughout the district of Bolangir and the areas of Ganjam and Kalumunda in the past few days. In Bolangir, four churches were burned yesterday in Dhandhamal, Monihira, Phatkorra, and Bilaikani.

The assault on churches continued in Bolangir district. Sources said that in Tharnamal, Bolangir a mob of around 60 people attacked a church building where Christians were present inside. The attackers included at least four minors. The Christians were able to flee as the assailants destroyed the structure.

Additionally, one church was burned in Kalumunda, and one in Ganjam.

 

Appeals for Help

Deputy Inspector General of Police R.P. Koche told Compass that tensions remain while security is gradually increasing.

“Curfew is relaxed in Phulbani town, and the situation is quite under control,” he said. “Though tension prevails in Kandhamal, the situation is improving gradually in some areas. Security forces have been able to enter inaccessible areas by removing obstacles placed by miscreants.”

Koche said that a number of Special Forces were deployed in Kandhamal district, including the Central Reserve Police Force and the Rapid Action Force, while Orissa state armed police had deployed 24 platoons in the area.

Local sources in Baliguda said the curfew there was relaxed today, and markets were re-opened.

Christian and human rights agencies have appealed for the government to do more to bring the violence under control. After the New Delhi-based Human Rights Law Network filed a petition in Cuttack High Court, the Orissa High Court yesterday directed the state government to immediately deploy more forces to protect the rights and properties of the people.

Another petition was filed by the Utkal Christian Council. The High Court of Orissa heard the case today and issued show-cause notices to the state of Orissa and the Union of India to file replies.

“It has been directed that the state shall requisition required number of security forces, and the central government shall provide the same,” Attorney B.D. Das told Compass. “Further, it was directed that the state shall furnish the details of how much security forces it has applied for with the Central Government and how many has the Central government so far provided for the maintenance of law and order situation in the state.”

In addition, the National Human Rights Commission today asked the Orissa government to file a detailed report on violence in the state within two weeks.

 

Relief Camps

Suresh Mohapatra, a government administrator, told media that the state government had opened seven relief camps along the affected areas that could accommodate nearly 5,000 people.

“People are still coming to camps,” he said, adding that he expected the flow to end soon as “the riots have stopped.”

Local sources told Compass that more than 1,000 people are at a relief camp at G. Udaygiri, with the government providing makeshift shelter and basic foods.  

Report from Compass Direct News

INDIA: DEATHS MOUNT AS VIOLENCE SPREADS IN ORISSA

Rampaging Hindu extremists kill four more Christians today.

NEW DELHI, August 26 (Compass Direct News) – At least 18 people are confirmed dead in 92 incidents of violence against Christians since suspected Maoists murdered Hindu leader Swamiji Laxmanananda Saraswati and four others on Saturday (Aug. 23) in Orissa state.

With Hindu extremists inciting hatred by heated accusations that Christians killed Saraswati, the national newspaper Hindu reported today that nine people had been killed in Orissa violence, and a Compass source near the state capital of Bhubaneswar confirmed an additional nine people slain.

The death count by the Hindu included four people killed in the Barakhama area. News agencies had earlier confirmed three dead in Raikia and two others, including a woman, killed in Bargarh, where a missionary-run orphanage was set on fire yesterday. The figure of 92 incidents thus far comes from the Global Council of Indian Christians.

Additionally, the Compass source said that Hindu extremists today killed pastor Samuel Naik of the Bakingia Seventh-Day Adventist Church at Kandhamal, and Jacob Digal and Gopan Naik of Damba village were slain this morning. Also killed today was Golok Naik of Pidinanju village (under Mondakia police station), and yesterday pastor Mukunda Bardhan from Mukundapur, Gajapati was burned to death.

Three other people whose names have not yet been verified, said the source, were killed in Katingia village of G. Udaygiri, along with a pastor belonging to Operation Mobilization from the same area. In Badimunda, about 12 kilometers (seven miles) from G. Udaygiri, nearly 25 Christian homes were burned down.

There were many reports of Christians being pulled from their homes and killed or beaten, with many homes of Christians torched in Baliguda. According to reports by the Evangelical Fellowship of India (EFI), the East India office of Compassion International in Bhubaneswar was ransacked.

Saraswati and four others were killed by suspected Maoists in the swami’s ashram, or religious center, in the Jalespata area of Kandhamal district’s Tumudiband Block in Orissa state. A warning letter found at the Saraswati religious center and use of expensive arms suggested Maoists were behind the attack.

In a state with a strong Maoist presence, police reportedly said they have evidence to link the communist rebels to the murders of Saraswati and his four associates. One police theory is that Maoists would attack Hindu leaders in a misguided effort to gain support among area tribal people, many of whom have converted to Christianity.

On Sunday (Aug. 24) the Hindu nationalist Bharatiya Janata Party (BJP), a partner in the state’s ruling coalition, and the Hindu extremist Vishwa Hindu Parishad (World Hindu Council or VHP) called for 12-hour a shut-down in which inflammatory speeches were made accusing Christians of killing Saraswati.

 

Authorities in Denial

Orissa Police Chief Gopal Chandra Nanda downplayed the violence, telling Reuters that incidents were only “sporadic” and that “some prayer houses have been attacked and vehicles have been burnt.”

Likewise, local authorities and media have painted the shutdown as “peaceful,” denying that organized attacks took place. The state is ruled by a coalition of the BJP and the Biju Janata Dal party.

At the same time, Hindutva (Hindu nationalist) extremists have continued to incite hatred against Christians and criticized the local government. VHP Secretary General Pravin Tagodia accused the state government of Chief Minister Naveen Patnaik of acting like a “eunuch” and demanded his apology for the killing of Saraswati and his companions.

“Christians murdered Swamiji, but the government is lying and giving it a Maoist color,” Tagodia said. “Naveen as an individual and police, in particular, are responsible for this attack orchestrated by the church on Hindu dharma.’’

At the same time, a senior leader from Christian relief and development organization World Vision told Compass that a news report about the arrest of their staff members in connection with Saraswati’s killing was false. The police had merely kept two of their employees for protection, he said.

“No complaint had been lodged against them,” he said. “The employees have safely reached their homes.”

 

Widespread Violence

Sources from Kandhamal district said hundreds of Christians along with their families have fled to the nearby forests to save their lives in the rainy climate and are without shelter, food and clothing.

“Three adults and one child were reportedly killed in fresh violence in Barakhama, Kandhamal,” EFI News reported.

At least 14 Christians have been killed in Kandhamal, according to the news agency: Hacked to death by a rampaging mob of Hindu extremists were two Christians in Mutungia village, one in Petaponga village, one in Borimunda village, three in Katinga village, three in Tianga village, three in Adikuppa village and one in Bakingia village.

According to reports received from Kalahandi district, many incidents of violence and house burning have taken place even though it is more than 300 kilometers (186 miles) from the place where Saraswati was killed.

Christian sources said pastor Sikandar Singh of the Pentecostal Mission was beaten and his house was burned in Bhawanipatna. In Kharihar, three Christian shops were looted and burned. Pastor Alok Das was beaten at Kharihar, as was pastor I.M. Senapati. In Aampani, pastor David Diamond Pahar was beaten by more than 200 people. They chased him away from Aampani, and he is hiding in nearby villages.

Pastor Pravin Ship and two other area pastor identified only as Pradhan and Barik were beaten and chased away with their families. In Naktikani, an angry mob surrounded the village to attack Christians. The government sent forces to try to control the mob but without success.

 

Christian Pleas

A delegation of Christian leaders in New Delhi met with Home Minister Shivraj Patil to brief him of the situation and to register their concern. Patil assured the Christian delegation, including the Rev. Dr. Richard Howell, general secretary of EFI, and Father Babu Joseph, spokesperson of the Catholic Bishops Conference of India of the central government’s support in curbing violence against Christians in the state.

Another delegation led by Orissa state Christian leaders met Gov. Rameshwar Thakur with the same objectives. The Rt. Rev. Samson Das and attorney Bibhu Dutta Das were also among those who met with the Orissa governor today.

In Kolkata, the All-India Minority Forum today condemned the attack on churches in Orissa and demanded the resignation of Chief Minister Patnaik for his “failure” to protect religious minorities in his state.

“We condemn in unequivocal terms the incident of burning alive people who belong to the Christian community by Vishwa Hindu Parishad activists, and armed attacks on churches in Orissa,” Forum President Idris Ali said.

‘Kill Christians’

The violence has spread even though church leaders across the country condemned the Hindu priest’s killing and appealed for peace.

The VHP and its allies had called for a 12-hour shutdown to protest the killing of the swami, and Christian leaders expected Hindu mobs would use it to mobilize strikes at the Christian community.

“But what has taken place has even surpassed what we expected,” said one pastor who wished to remain anonymous.

Hindu extremists paraded the body of Saraswati throughout nearby villages, whipping up anger and mobilizing crowds against Christians, in uncontested defiance of a Kandhamal district administration prohibition against the gathering of four or more people. Among the slogans shouted was, “Kill Christians and destroy their institutions.”

In spite of an Orissa state-imposed curfew, crowds violated restrictions and proceeded to attack Christian communities throughout the state. Compass has received reports that the violence has spread to the districts of Gajapati, Phulbani, Nuaparha, Kalahandi, Rayagada and Koraput.

The Orissa Legislative Assembly was disturbed for the second consecutive day at the various calls for the resignation of Chief Minister Patnaik.

Christians make up 2.4 percent of Orissa’s population, or 897,861 of the total 36.7 million people.  

Report from Compass Direct News