The proposed National Integrity Commission is a watered-down version of a federal ICAC


Yee-Fui Ng, Monash University

The federal government has announced it will establish a Commonwealth Integrity Commission. This new commission will be the peak body to detect and investigate corrupt and criminal behaviour by Commonwealth employees.

This announcement followed mounting pressure from Labor, the Greens and independent MPs, who argued that a national integrity commission was vital to rebuild trust in Australian democracy.




Read more:
Government agrees to national anti-corruption body – with strict limits


On November 26, independent MP Cathy McGowan introduced a private member’s bill for the introduction of a national integrity commission, further increasing the pressure on the government.

All Australian states have anti-corruption commissions, and the federal government is lagging behind in this area.

Why do we need this commission?

The case for a national integrity commission is strong.

Australia has fallen steadily in Transparency International’s global corruption index, from eighth place in 2012 to 13th this year.

More alarming is the fact that one in 20 Australian public servants said in a survey last year that they had seen a colleague acting in a corrupt manner. This figure has doubled in the past three years.

Moreover, a Griffith University survey has found strong public support for a national integrity commission, with two-thirds (67%) of Australians in favour of one.

What will the commission look like?

The commission will be an independent statutory agency led by a commissioner and two deputy commissioners. It will have two divisions: a public sector division and a law enforcement integrity division.

The Australian Commission for Law Enforcement Integrity will be reconstituted as the law enforcement integrity division with an expanded jurisdiction. But its jurisdiction will be limited to certain departments and agencies dealing with law enforcement and those that have coercive powers, such as the Australian Securities and Investments Commission.

The public sector integrity division has a broader coverage. It includes public service departments and agencies, parliamentary departments, statutory agencies, Commonwealth companies and corporations, Commonwealth service providers and any subcontractors they engage, as well as parliamentarians and their staff.

Is the proposed model adequate?

The proposed model is a watered-down version of an anti-corruption commission, with limited powers.

The Commonwealth Integrity Commission will have the power to conduct public hearings only through its law enforcement division.

Conversely, the public sector integrity division with the broader remit will not have the power to make public findings of corruption. Instead, it will be tasked with investigating and referring potential criminal conduct to the Commonwealth Director of Public Prosecutions.

This is a far more limited jurisdiction compared to its equivalent state counterparts, such as the New South Wales Independent Commission Against Corruption (ICAC), which has the ability to conduct public hearings and make findings of corruption in the public sector.

Although it is envisaged that the Commonwealth Integrity Commission will play a role in preventing corruption, this model lacks a dedicated corruption prevention division. This is a pro-integrity function that monitors major corruption risks across all sectors.




Read more:
Australians think our politicians are corrupt, but where is the evidence?


There are also other activities that do not amount to corruption, but nevertheless show an undue influence on government. Ideally, a federal anti-corruption commission should sit alongside a broader package of reforms that impose stronger rules on lobbying and political donations, as well as a code of conduct for MPs, policed by an independent commissioner.

This would form an interlocking political integrity system that would keep politicians honest.

The government is taking submissions on the proposed model for the Commonwealth Integrity Commission.

It is commendable that the government is finally taking action on anti-corruption measures. However, it is important to get the model right. The proposed model is an improvement on the status quo of patchwork regulation, but does not go far enough to properly investigate corruption in federal government.The Conversation

Yee-Fui Ng, Senior Lecturer, Faculty of Law, Monash University

This article is republished from The Conversation under a Creative Commons license. Read the original article.

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Government agrees to national anti-corruption body – with strict limits


Michelle Grattan, University of Canberra

The government has given in to pressure to set up a new Commonwealth
Integrity Commission
but its operation would be strictly
circumscribed, without the ability to hold public hearings into
allegations of corruption against politicians.

While the new organisation would be the lead body in Australia’s
multi-agency anti-corruption framework, Scott Morrison stressed the
government had learned the lessons of “failed experiments” at state
level.

“I have no interest in establishing kangaroo courts that, frankly,
have been used, sadly, too often for the pursuit of political,
commercial or bureaucratic agendas in the public space”, he told a
joint news conference with Attorney-General Christian Porter.

The announcement comes after crossbench pressure in the final sitting
of parliament for a new federal anti-corruption body, which had
earlier been promised by the opposition. Morrison said the government
had been working on the issue since January.




Read more:
View from The Hill: Day One of minority government sees battle over national integrity commission


Opposition leader Bill Shorten slammed the proposed body as “not a
fair dinkum anti-corruption commission”. It would be limited in scope
and power and have no transparency.

Also – given it would not be able to investigate matters
retrospectively – “Mr Morrison should explain to the Australian people
why he wants to set up a national anti-corruption commission which
curiously exempts himself and the current government from any
scrutiny”.

Morrison and Porter said in a statement that the CIC, an independent
statutory agency, would be headed by a commissioner and two deputy
commissioners, and have public sector and law enforcement integrity
divisions.

“The public sector integrity division will cover departments, agencies
and their staff, parliamentarians, and their staff, staff of federal
judicial officers, and subject to consultation judicial officers
themselves, as well as contractors.”

The Australian Commission for Law Enforcement Integrity would be
reconstituted as the law enforcement integrity division. It would have
an expanded jurisdiction to also include the Australian Competition
and Consumer Commission, the Australian Prudential Regulation
Authority, the Australian Securities and Investment, the Australian
Taxation Office, and the whole of the Agriculture Department.

Both divisions would investigate allegations of criminal corruption.
The criminal law would be amended to add new corruption offences.

The CIC would have the power to conduct public hearings only through
its law enforcement division.

The public sector integrity division would not be able to make public
findings but would investigate potential criminal conduct and refer
matters to the Commonwealth Director of Public Prosecutions.

The government outline of its proposed operation says “it will only
investigate criminal offences, and will not make findings of
corruption at large.

“It will not make findings of corruption (or other criminal
offending). Findings of corruption will be a matter for the courts to
determine, according to the relevant criminal offence. This addresses
one of the key flaws in various state anti-corruption bodies, being
that findings of corruption can be made at large without having to
follow fundamental justice processes.”

The CIC’s investigatory role is to “complement” the work of the
Australian federal Police. “The AFP will retain its role in
investigating criminal corruption outside of the public sector, and
could cooperate with or take over investigations on referral by the
CIC where appropriate”.

The public sector division “will focus on the investigation of serious
or systemic corrupt conduct, rather than looking into issues of
misconduct or non-compliance under various codes of conduct”.

Independent Andrew Wilkie said the proposal was “fundamentally flawed
and entirely unacceptable.”

“For example the public sector integrity division, which will
investigate parliamentarians and their staff, can only investigate a
specific set of criminal offences and can’t make findings of
corruption, which is just bizarre.

“Moreover an MP can only be referred by a particular agency and
there’s no way for the public to refer someone – and there’ll be no
public hearings at all meaning the Commission will operate behind
closed doors”.

Crossbencher Kerryn Phelps tweeted “I can’t speak for the entire
crossbench but I certainly won’t be supporting any proposal that fails
to result in adequate transparency and proper investigative powers”.The Conversation

Michelle Grattan, Professorial Fellow, University of Canberra

This article is republished from The Conversation under a Creative Commons license. Read the original article.

Shorten puts pressure on Turnbull over anti-corruption body


Michelle Grattan, University of Canberra

Opposition Leader Bill Shorten has pledged a Labor government would set up a National Integrity Commission in its first year – not because of any known corrupt conduct, but to restore people’s trust in the political system.

Shorten said the body – which has been canvassed for years without being adopted by either major party – would operate “as a standing royal commission into serious and systematic corruption”.

The remit of the commission, with extensive powers and costing an estimated A$58.7 million over the forward estimates, would cover MPs and their staffs, the Commonwealth judiciary, the governor-general, Commonwealth public servants and statutory office holders, and businesses and people who transact with the Commonwealth.

Its commissioner and two deputies would each have fixed five-year non-renewable terms, and be appointed by parliament on a bipartisan basis, with the body overseen by a parliamentary committee.

Shorten said: “I’m not putting this policy forward because I’m aware of any corrupt conduct – if I was, I would report it. I’m doing this because I want to restore people’s faith in their representatives and the system.”

“I want the National Integrity Commission to be a clear, concrete and impartial mechanism to restore trust, accountability and transparency in the public sector.”

The commission was announced in Shorten’s Tuesday National Press Club address, in which he also put private health funds and employers on notice and made cost of living a central theme.

He said Labor was looking at “options” to contain health premiums, including better monitoring of the increasing range of exclusions from coverage that was “turning health insurance into a con”. “Business as usual is not cutting it,” he told the funds, especially the big ones.

In Tuesday’s Essential poll, more than eight in ten people agreed with the proposition that “the government should do more to keep private health insurance affordable”.

He said the minimum wage was “no longer a living wage”, and enterprise bargaining was “on life support”. “It’s never been easier for business to take the drastic option, nuclear option, detonate negotiations, terminate agreements and threaten to send workers back to award minimums unless they accept a cut to their wages and conditions,” he said.

“We need to revisit the living wage”, and Labor would “put the bargaining back into enterprise bargaining”. For example, companies should not be allowed to unilaterally terminate agreements.

Shorten declined to state what Labor would do about the tax cuts legislated for companies with turnovers up to $50 million, beyond reiterating that it would not disturb those for firms with up to $2 million turnover.

Shorten’s embrace of an integrity commission puts pressure on Malcolm Turnbull over the issue. Speaking in anticipation of Shorten’s formal announcement, the prime minister said the government was reviewing the recent report from a Senate committee on such a body. “We haven’t ruled it out” but “it isn’t something to embark on in a rushed or ill-considered way”, he said.

The Senate committee, chaired by Labor and reporting in September, said the national integrity framework should be strengthened “to make it more coherent, comprehensive and accessible”. It suggested the government consider establishing an agency “with broad scope and jurisdiction to address integrity and corruption matters”.

Deputy Prime Minister Barnaby Joyce, who was dismissive of the need for a new body on Sunday, remained critical on Tuesday. “Why it concerns me is this: when you make a decision that your department doesn’t agree with, such as maybe investing in a country road, you end up before ICAC and if that’s the case you just take away the capacity for a government to govern.

“You’ll be terrified to make a decision that’s different to your department,” he said.

“If you’re corrupt you’re going to get busted, you’re going to get caught and you’re going to go to jail. We found out Sam Dastyari without ICAC.”

The ConversationThe Greens welcomed the integrity commission promise but stressed the need to also reform the political donations regime – a point Shorten also made.

Michelle Grattan, Professorial Fellow, University of Canberra

This article was originally published on The Conversation. Read the original article.

Hindu Extremists in India Beat Pastor Unconscious


Evangelist was traveling with sons from one village to another.

NEW DELHI, April 22 (CDN) — Hindu extremists beat a pastor and evangelist unconscious in front of his sons earlier this month in Madhya Pradesh state.

Ramesh Devda, 30, from Dhadhniya, Meghnagar district, said he was attacked on April 4 at about 11 a.m. after leading a prayer meeting in Chikklia village. He said he was on his way to Bhajidongra, at the border of Madhya Pradesh and Gujarat states, by motorcycle with his two sons, 10-year-old Elias, and 8-year-old Shimon, to lead another prayer meeting.

When he reached Raseda village, he said, suddenly three people on two motorcycles blocked his way and forced him to stop.

“Suddenly out of nowhere these three men appeared in two motorcycles – they blocked me and tilted my motorcycle,” Pastor Devda told Compass. “We fell down. They were carrying big bamboo sticks and clubs. They started beating me, and then they called and three more men came and started to attack me.”

He said he was thankful that his sons were spared from beating, though his older son sustained a leg injury in the course of the attack.

“They were angry at me and were threatening to kill me and were warning me not to come to their area again,” he said. “My sons were screaming at the top of their voices, and they were afraid. One of the men hit me on my forehead with a big bamboo stick, cracking my skull. The others were also beating me on my body, especially my back with bamboo sticks.”

A blow to the forehead temporarily blinded him, he said.

“My eyes were darkened, and I fell down, and they proceeded to beat me even more,” he said. “The men were also abusive in the foulest language that I had heard, and they were drunk.”

People passing by heard the two boys crying out and came to help, and the attackers fled, he said, leaving the unconscious pastor and his sons.

“I do not know who helped me, as I was unconscious,” Pastor Devda said. “But I came to know later that local Christians also came in and called the emergency helpline. As a result, an ambulance came, which then took me to the hospital.”

He was taken to Anita Surgical Hospital on Station Road in Dahod, Gujarat. There a physician identified only as Dr. Bharpoda told him that he had fractured his skull.

“I am being treated for my wounds now, but there is still a lot of pain,” Pastor Devda said.

A Christian for 15 years, Pastor Devda has been in Christian leadership for 11 years and now serves with the Christian Reformed Fellowship of India. He has two other children, Ashish and 4-year-old Sakina, and his wife Lalita, 28, is active with him in Christian service.

Pastor Devda leads congregations in Chikklia, Bhajidongra and Dhadhniya villages.

“I have heard that I was attacked because the people of Chikklia did not like me conducting the Sunday service there,” he said. “The people who beat me up do belong to a Hindu fundamentalist outfit, and some believers in Chikklia know them. I can recognize them if I see them again.”

He said, however, that he does not want to file a First Information Report (FIR) with police.

“There is no one supporting me or standing with me in my village or my mission, and I am myself fearful, as I have to continue to minister to these very people,” Pastor Devda said. “I know my attack was pre-planned, but I do not want to report it to the police.”

A Christian co-worker from Rajasthan was also attacked about a month ago in equally brutal fashion, he said, but also refrained from filing an FIR because of fear of repercussions.

Vijayesh Lal, secretary of the Evangelical Fellowship of India’s Religious Liberty Commission, said the tribal belt that extends to the border areas of Madhya Pradesh, Gujarat and Rajasthan, has been a hot spot for anti-Christian activity since the late 1990s.

“Only recently a 65-year-old evangelist was beaten and stripped by Hindu extremists,” he said. “It is a worrisome trend, and one that should be dealt with not only by the government but by the secular media and civil society in general.”

Report from Compass Direct News
http://www.compassdirect.org

Pakistani Christian Sentenced for ‘Blasphemy’ Dies in Prison


Murder suspected in case of Christian imprisoned for life.

LAHORE, Pakistan, March 15 (CDN) — A Christian serving a life sentence in Karachi Central Jail on accusations that he had sent text messages blaspheming the prophet of Islam died today amid suspicions that he was murdered.

Qamar David’s life had been threatened since he and a Muslim, Munawar Ahmad, were accused of sending derogatory text messages about Muhammad in June 2006, said David’s former lawyer, Pervaiz Chaudhry (See “Pakistan’s ‘Blasphemy’ Laws Claim Three More Christians,” March 10, 2010).

David was convicted under Section 295-C under Pakistan’s widely condemned blasphemy laws for derogatory remarks against Muhammad in a case registered at Karachi’s Azizabad Police Station, with another case registered at Saddar Police Station pending. Maximum punishment for Section 295-C is death, though life imprisonment is also possible. On Feb. 25, 2010 he received a sentence of life in prison, which in Pakistan is 25 years, and was fined 100,000 rupees (US$1,170).

Chaudhry, who said he was David’s counsel until Islamic threats against his life forced him to stop in July 2010, told Compass that the Christian had expressed fears for his life several times during the trial.

“David did not die of a heart attack as the jail officials are claiming,” Chaudhry said. “He was being threatened ever since the trial began, and he had also submitted a written application with the jail authorities for provision of security, but no step was taken in this regard.”

Conflicting versions of his death by jail officials also raised doubts.

A jail warden said David was reported crying for help from his cell today in the early hours of the morning. He said that David, who was breathing at the time, was transported to the Civil Hospital Karachi (CHK), but that doctors there pronounced him dead on arrival.

He also said, however, that he had heard from colleagues that David was found dead inside his cell and that his body had been sent to the hospital for post-mortem, not for treatment. Investigations are underway, he added.

Karachi Central Prison Deputy Superintendent Raja Mumtaz said David was shifted to CHK for treatment after jail staff members found him crying for help with “one hand on the left side of his chest.” He said the prisoner was first taken to a local healthcare center, but that doctors there suggested that he should be taken to a hospital for proper treatment.

Mumtaz said that David was shifted to the hospital at around 10:45 a.m. today and was alive when he reached the hospital.

Sindh Inspector General of Prisons Ghulam Qadir Thebo insisted to BBC that David died of natural causes, saying he was housed in a Christian-only wing in which no Muslim prisoners had access to him.

“Our investigations have not yielded any evidence of foul play,” Thebo told BBC. “There is no evidence to suggest he was murdered.”

David’s family reached Karachi today to take custody of the body. An impartial probe and autopsy report is awaited, as no jail officials were ready to say on record whether they had seen any visible injury on David’s body.

David’s son, Aqeel David, told Compass that the family had been informed only that his father had suffered a heart attack and died while he was being taken to the hospital.

“We don’t know anything besides this little piece of information that was given to us on the telephone,” he said. “We are unsure about the circumstances surrounding my father’s death because of the serious nature of the cases against him.”

David’s former attorney said that the trial in which David was convicted and sentenced was a sham.

“The judge acquitted Ahmad in this case, even though all 11 witnesses clearly pointed out his direct involvement in the incident,” Chaudhry said.

In regard to the other blasphemy case registered at the Saddar Police Station, Chaudhry said he had cross-examined witnesses who had again accused Ahmad of mischief and absolved David of any wrongdoing.

“Ahmad’s lawyer had filed an application for re-examining the witnesses when I withdrew from the case,” Chaudhry added. “I stopped pursuing his cases last year because of serious threats to my life by Islamist groups who used to gather outside the courtroom.”

Chaudhry said threats were made “both inside and outside the courtroom.”

During the cross-examining of witnesses, he said, Senior Superintendent of Police Muhammad Afzal had also admitted that Ahmad was the real culprit and that David was arrested on the information of “some sources.” Chaudhry said there was no relation whatsoever between Ahmad and his client before the trial started.

“They were complete strangers,” Chaudhry said. “David was definitely framed in these cases.”

Report from Compass Direct News
http://www.compassdirect.org

Christian Woman Freed from Muslim Kidnappers in Pakistan


Captors tried to force mother of seven to convert to Islam.

LAHORE, Pakistan, March 11 (CDN) — A Christian mother of seven here who last August was kidnapped, raped, sold into marriage and threatened with death if she did not convert to Islam was freed this week.

After she refused to convert and accept the marriage, human traffickers had threatened to kill Shaheen Bibi, 40, and throw her body into the Sindh River if her father, Manna Masih, did not pay a ransom of 100,000 rupees (US$1,170) by Saturday (March 5), the released woman told Compass.   

Drugged into unconsciousness, Shaheen Bibi said that when she awoke in Sadiqabad, her captors told her she had been sold and given in marriage.

“I asked them who they were,” she said. “They said that they were Muslims, to which I told them that I was a married Christian woman with seven children, so it was impossible for me to marry someone, especially a Muslim.”

Giving her a prayer rug (musalla), her captors – Ahmed Baksh, Muhammad Amin and Jaam Ijaz – tried to force her to convert to Islam and told her to recite a Muslim prayer, she said.

“I took the musalla but prayed to Jesus Christ for help,” she said. “They realized that I should be returned to my family.”

A member of St. Joseph Catholic Church in Lahore, Shaheen Bibi said she was kidnapped in August 2010 after she met a woman named Parveen on a bus on her way to work. She said Parveen learned where she worked and later showed up there in a car with two men identified as Muhammad Zulfiqar and Shah. They offered her a job at double her salary and took her to nearby Thokar Niaz Baig.

There she was given tea with some drug in it, and she began to fall unconscious as the two men raped her, she said. Shaheen Bibi was unconscious when they put her in a vehicle, and they gave her sedation injections whenever she regained her senses, she said.

When she awoke in Sadiqabad, Baksh, Amin and Ijaz informed her that she had been sold into marriage with Baksh. They showed her legal documents in which she was given a Muslim name, Sughran Bibi daughter of Siddiq Ali. After Baksh had twice raped her, she said, his mother interjected that she was a “persistent Christian” and that therefore he should stay away from her.

Shaheen Bibi, separated from an abusive husband who had left her for another woman, said that after Baksh’s mother intervened, her captors stopped hurting her but kept her in chains.

 

Release

Her father, Masih, asked police to take action, but they did nothing as her captors had taken her to a remote area between the cities of Rahim Yar Khan and Sadiqabad, considered a “no-go” area ruled by dangerous criminals.

Masih then sought legal assistance from the Community Development Initiative (CDI), a human rights affiliate of the European Center for Law & Justice. With the kidnappers giving Saturday (March 5) as a deadline for payment of the ransom, CDI attorneys brought the issue to the notice of high police officials in Lahore and on March 4 obtained urgent legal orders from Model Town Superintendent of Police Haidar Ashraf to recover Shaheen, according to a CDI source.

The order ultimately went to Assistant Sub-Inspector (ASI) Asghar Jutt of the Nashtar police station. Police accompanied by a CDI field officer raided the home of a contact person for the captors in Lahore, Naheed Bibi, the CDI source said, and officers arrested her in Awami Colony, Lahore.

With Naheed Bibi along, CDI Field Officer Haroon Tazeem and Masih accompanied five policemen, including ASI Jutt, on March 5 to Khan Baila, near Rahim Yar Khan – a journey of 370 miles, arriving that evening. Area police were not willing to cooperate and accompany them, telling them that Khan Baila was a “no-go area” they did not enter even during daytime, much less at night.

Jutt told area police that he had orders from high officials to recover Shaheen Bib, and that he and Tazeem would lead the raid, the CDI source said. With Nashtar police also daring them to help, five local policemen decided to go with them for the operation, he said.

At midnight on Sunday (March 6), after some encounters and raids in a jungle area where houses are miles apart, the rescue team managed to get hold of Shaheen Bibi, the CDI source said. The captors handed over Shaheen Bibi on the condition that they would not be the targets of further legal action, the CDI source said.

Sensing that their foray into the danger zone had gone on long enough, Tazeem and Jutt decided to leave but told them that those who had sold Shaheen Bib in Lahore would be brought to justice.

Fatigued and fragile when she arrived in Lahore on Monday (March 7), Shaheen Bibi told CDN through her attorneys that she would pursue legal action against those who sold her fraudulently into slavery and humiliation.

She said that she had been chained to a tree outside a house, where she prayed continually that God would help her out of the seemingly impossible situation. After the kidnappers gave her father the March 5 deadline last week, Shaheen Bibi said, at one point she lifted her eyes in prayer, saw a cross in the sky and was comforted that God’s mighty hand would release her even though her father had no money to pay ransom.

On four previous occasions, she said, her captors had decided to kill her and had changed their mind.

Shaheen Bibi said there were about 10 other women in captivity with her, some whose hands or legs were broken because they had refused to be forcibly given in marriage. Among the women was one from Bangladesh who had abandoned hope of ever returning home as she had reached her 60s in captivity.

Masih told CDN that he had prayed that God would send help, as he had no money to pay the ransom. The day before the deadline for paying the ransom, he said, he had 100 rupees (less than US$2) in his pocket.

Report from Compass Direct News

Supreme Court in India Rejects Bail of Orissa Legislator


BJP assemblyman convicted in two murders in 2008 violence says he’s innocent.

NEW DELHI, January 28 (CDN) — India’s Supreme Court on Tuesday (Jan. 25) rejected the bail granted to Hindu nationalist Orissa state legislator Manoj Pradhan following his conviction in the murder of a Christian, Parikhita Nayak.

Pradhan, of the Bharatiya Janata Party (BJP), was convicted on June 29, 2010 of “causing grievous hurt” and “rioting” and sentenced to seven years of prison in the murder of Nayak, of Budedi village, who died on Aug. 27, 2008. In its decision, the Supreme Court ordered the High Court to reconsider its decision to grant him bail.

Pradhan had been granted bail by the High Court on July 6 on grounds having won the April 2009 state assembly election. Contesting the election from jail, he had become a Member of the Legislative Assembly (MLA) representing Kandhamal’s G. Udayagiri constituency. On Sept. 9, 2010 he was convicted in the murder of Bikram Nayak of Budedipada, for which he was sentenced to six years of rigorous imprisonment (see http://www.compassdirect.org, “Court in India Convicts Legislator in Second Murder Case,”
Sept. 10, 2010). He received bail within 40 days of that conviction.

Parikhita Nayak’s widow, Kanaka Rekha Nayak, had challenged the granting of bail before the Supreme Court. She pointed out in her petition that there were seven other murder cases against Pradhan, including the second conviction.

“Being an MLA was not grounds for granting of bail,” she told Compass.

Nayak’s petition also argued that, because of his position, Pradhan intimidated witnesses outside of jail. She told Compass that, after receiving bail in spite of their convictions, Pradhan and an accomplice continued to roam the area, often intimidating her.

In the Supreme Court decision, Justice B. Sudarshan Reddy and Justice S.S. Nijjaron wrote that the High Court should have taken into consideration the findings of the trial court and the alleged involvement of the respondent in more than one case.

“The [bail] order clearly reflects that the High Court was mainly impressed by the fact that the respondent is a sitting MLA,” they wrote. “In the circumstances, we find it difficult to sustain the order.”

Pradhan was accused of stopping Parikhita Nayak and then calling together a large group of persons armed with axes and other weapons, who then hacked Nayak to death; afterward they sought to dispose of the body by burning it.

Pradhan denied all charges against him, telling Compass by telephone that they were “baseless.”

“I have full faith in the judiciary system, and justice will be done,” Pradhan said, adding that he and other “innocent people” have been arrested due to political pressure and that the real culprits are at large.

On his next move, he said he would surrender himself to police custody if necessary and then file another application for bail.

Dr. John Dayal, secretary general of the All India Christian Council, told Compass that he was pleased.

“Pradhan deserves to be behind bars in more than one case, and it was a travesty of justice that he was roaming around terrorizing people,” Dayal said. “He was not involved in every single act of violence, but he was the ring leader. He planned the violence; he led some of the gangs.”

Dibakar Parichha of the Cuttack-Bhubaneswar Catholic Archdiocese told Compass that police records showed that Pradhan was a “field commander of Hindu extremists sent to kill Christians.”

The state government’s standing counsel, Suresh Tripathy, supported this week’s cancellation of bail.

 

Cases against Legislator

Pradhan told Compass that a total of 289 complaints were registered against him in various police stations during the August-September 2008 attacks on Christians in Kandhamal district, Orissa, out of which charge sheets were filed in only 13 cases.

Of the 13, he has been acquitted in seven and convicted in two murder cases, with six more cases pending against him – “Three in Lower Court, two in the High Court and One in the Supreme Court,” Pradhan told Compass.

Of the 13 cases, seven involved 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.

 

Status of Trials

Expressing complete dissatisfaction in the trial system, Dayal told Compass that the two Fast Track courts are “meting out injustice at speed.”

“One of the main reasons,” he said, “is lack of police investigation, the inadequacy of the department of projections to find competent public prosecutors, and the inadequacy of the victim community to find a place in the justice process.”

As a result, he said, victims are not appropriately represented and killers are not appropriately prosecuted.

“Therefore, the two courts find enough reason to let people off,” Dayal said.

Complaints filed at a police station in Kandhamal after the violence of 2008 totaled 3,232, and the number of cases registered was 831.

The government of Orissa 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.

The number of violent cases in the Fast Track courts is 231 (non-violent cases numbered 46, with total cases thus reaching 277). Of the violent cases, 128 have resulted in acquittals and 59 in convictions; 44 are pending.

Of the 722 people facing trial, 183 have been convicted, while 639 have been acquitted.

Report from Compass Direct News