Court in India Convicts Legislator in Second Murder Case

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

Testimony

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

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

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

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

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

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

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

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

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

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

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

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

It also noted mental trauma in children.

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

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

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

Report from Compass Direct News

Attacks on Christians in Karnataka Frequent, Furious

Southern state has become epicenter of religious assaults, Christians say.

NEW DELHI, February 4 (CDN) — Karnataka state recorded the highest number of anti-Christian attacks in India last year, and it is keeping pace this year.

Christians in Karnataka are being attacked “at rapid regularity” and “with near impunity,” and it is “a serious matter of concern for the Christian community,” said Dr. Babu Joseph, spokesperson of the Catholic Bishops’ Conference of India (CBCI).

Much of the violence occurs under the vigilante pretext of rounding up Christians supposedly involved in “forcible” or “fraudulent” conversion efforts. On Monday (Feb. 1) in Thagadur village, Kodagu district, Hindu extremists dragged 11 Christians – including four women – from their homes and colluded with police to arrest them on such false charges.

The Global Council of Indian Christians reported that all of the Christians, members of the Beraka Gospel Church in Suntikupa village, were tortured at the Siddapur police station to pressure them to admit to the charges. Most of the jailed Christians are tribal, daily wage laborers who work on coffee plantations.

Police denied torturing the Christians, but like many people in India easily confused by Hindu extremist propaganda, Inspector Ratan Singh of the Siddapur police station seemed to erroneously believe that laws against fraudulent conversion apply to any kind of proclamation of faith.

“According to the complaint we received, the accused were inviting local Hindus for prayer meetings to convert them,” Singh told Compass, as if such activity were illegal in India. “We did not beat them. When they were produced before the judicial magistrate, they said they were not mistreated by the police.”

The GCIC recorded 72 attacks on Christians in Karnataka in 2009. That represents a decline from the 112 attacks the previous year, when three months of anti-Christian violence in Orissa state’s Kandhamal district in 2008 led Hindu extremists in Karnataka to lash out as well, according to Christian leaders.

Justice Michael F. Saldanha, a retired judge of the Karnataka High Court and president of the Catholic Association of South Kanara (a district in Karnataka also known as Dakshina Kannada), told Compass that attacks on Christians in the state increased after the Bharatiya Janata Party (BJP) began to rule.

In May 2008 the BJP came to power in Karnataka, thus making it the first southern state with a stand-alone BJP government in the history of India. The party’s rule was preceded by a 20-month rule in alliance with a local party, the Janata Dal (Secular).

Although Karnataka has had a dominant presence of the Hindu extremist Sangh Parivar since 1950, its cadres obtained free rein only after the BJP’s electoral victory, Saldanha explained.

“The real headquarters of the Sangh Parivar is not in Maharashtra [official headquarters of the Hindu extremist Rashtriya Swayamsevak Sangh, or RSS, in Nagpur), it’s in Karnataka,” said Saldanha, who conducted a private inquiry into a series of attacks that rocked Karnataka in September 2008 following the unprecedented anti-Christian bloodbath in Orissa state’s Kandhamal district.

Between Aug. 17 and Sept. 21, 2008, more than 28 attacks on churches, led mainly by the Hindu extremist Bajrang Dal, a Sangh Parivar offshoot, were reported from various parts of Karnataka.

Saldanha pointed out that Brahmins, the highest or priestly class in the caste hierarchy in Hinduism, from Udupi district and Mangalore city in neighboring Dakshina Kannada district played a special role in leading the Hindu right-wing movement. The retired judge also accused the BJP government of supporting Sangh Parivar outfits with public money.

“The Karnataka government gives money to right-wing groups for festivals in the name of celebrations, and also through donations to certain temples,” he said.

Agreeing with Saldanha, the CBCI’s Joseph said the violence in Karnataka points to a “decline in civility and collapse of administration.”

“It is indeed sad that Karnataka, which enjoyed communal harmony and social amity for so long, has recently been pushed into the cycle of hate crimes perpetrated by the extreme elements in society that do not believe in mutual tolerance or acceptance,” Joseph said.

Karnataka Gov. H.R. Bhardwaj reportedly said earlier this week that protection of people’s lives and liberties, including the right to propagate their religion, was “the essence of Indian democracy.”

The governor said it was the responsibility of the state government “to see that nobody is allowed to flout the democratic norms and laws of the land,” acknowledging a rise in the incidence of attacks against churches, reported Daijiworld.

His comments came a day after an attack on a glass painting of the Virgin Mary at the entrance arch of the Canara Organisation for Development and Peace building in Nantoor area on Saturday (Jan. 30).

On that day Christians held a silent protest in Mysore, and on Monday (Feb. 1) Christians in Mangalore protested in like fashion against increasing attacks on them.

On Jan. 28, unidentified people burned down a church in Raipura area in Molakalmuru town in Chitradurga district. The Jesus Loves Holy Temple Church turned into ashes, reported GCIC.

Two Catholic churches were attacked in Mysore and Uttara Kannada districts on Jan. 25. Unidentified people reportedly broke a statue of Mary on the compound wall of the Holy Family Church in Hinkal village in the wee hours in Mysore district. In the other incident, glass panes covering the statue of Mary were broken at St. Anthony Church in the Pernamakki area in Uttara Kannada district.

At 2:30 a.m. this morning, unidentified people broke into a Catholic church and vandalized it in the Malavalli area of Mandya district, reported the Karnataka-based GCIC. The cross, statues and musical instruments in the St. Mathias Church were destroyed, it said, adding that the parish priest filed a complaint at the Malavalli police station.

‘Lip Service’

Echoing claims of the Hindu nationalist BJP, Karnataka State Minorities Commission member Anthony Fernandez said he does not believe there is any reason for concern.

“Some elements are simply trying to tarnish the image of the state government,” he said.

Fernandez acknowledged, however, that the Hindu nationalist Sri Ram Sene (Army of God Rama) was involved in some attacks. The Sri Ram Sene is believed to be a splinter group from the Sangh Parivar family of organizations under the RSS.

Karnataka Chief Minister B.S. Yeddyurappa on Jan. 28 warned those who vandalize religious places, saying he would have their hands “chopped off.”

“I, the chief minister of Karnataka, am saying I will chop off their hands,” Yeddyurappa was quoted as saying by Headlines Today news channel.

The CBCI’s Joseph said “lip service” by the government was “no longer enough.”

“It has to show results on the ground that it means business in tackling the menace of communal elements,” he said. “Unprovoked violence against fellow citizens in the name of religion is pernicious, and it must stop forthwith, or else the impression may gain ground that the administration of the day is colluding with criminal and extreme elements in vitiating the social harmony for short term political gains – something this country can ill afford in the long run.”

Report from Compass Direct News 

Christians Concerned over Acquittals in Orissa, India Violence

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Shoddy Probe, Lack of Evidence

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SIDEBAR

First Life Sentences Handed Down for Orissa, India Killing

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

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

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

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

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

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

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

Report from Compass Direct News