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.


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 


Lawyers aim to uncover size, structure of ‘deep-state’ conspiracy.

ISTANBUL, February 24 (Compass Direct News) – The identities of the middlemen linking the attackers and the alleged masterminds in the murder of three Christians in Malatya, Turkey are expected to take clearer focus following the latest hearing.

“These five troubled youths didn’t wake up one morning and decide to commit a murder – there were others directing them,” Ozkan Yucel, plaintiff attorney representing the families of the victims, told the Turkish press last week, before Friday’s (Feb. 20) hearing at the Malatya Third Criminal Court in southeastern Turkey.

Two Turkish Christians, Necati Aydin and Ugur Yuksel, and a German, Tilmann Geske, were tied up and stabbed to death at Zirve Publishing Co. offices on April 18, 2007. The last several hearings of the trial have supported suspicions that others were involved in the murder besides the five youths suspected of carrying out the attack. More difficult, however, is determining the scope of the murders and the organization of its conspirators.

Plaintiff attorneys have called in a heavy slate of witnesses for the next hearing, ranging from a gendarmerie commander to an Islamic theology instructor at a nearby university. Mehmet Ulger, the former gendarmerie commander of the province, and Ruhi Abat, a theology instructor at the local Inonu University, are among the 10 people expected to testify at the April 13 hearing.

According to the Radikal daily newspaper, an anonymous letter sent to Turkish churches and obtained by the media claimed Ulger acted as an instigator to the murders and directed Abat to prepare arguments against missionary activity. The letter also implicates local politician Ruhi Polat, a member of the ultra-nationalist National People’s Party and a friend of the father of alleged ringleader Emre Gunaydin.

Plaintiff attorney Hafize Cobanoglu told Compass the anonymous letter played a part in the selection of Abat and Polat as witnesses.

“In this sense, paying heed to all these people is important,” she said. “However, I don’t believe they will say much when they testify.”

The call for new witnesses came two weeks after the arrest of two men suspected of acting as liaisons between the five suspects and the alleged “deep-state” masterminds of the attack.

Varol Bulent Aral, a journalist attached to a far-reaching political conspiracy known as Ergenekon, and Huseyin Yelki, a church-going, former volunteer at Zirve, were taken into custody earlier this month.

Aral, 32, has attempted to deflect blame for instigating the youths to commit the murders. He recently told a public prosecutor that the true force behind the killings was a gendarmerie intelligence unit established in the ’80s to counter Kurdish sectarian violence in the country’s southeast.

He claimed to have been approached by a member of the intelligence unit who sought his assistance. Aral said the member told him the unit would focus on three issues: missionary activity, Alevi-Sunni relations, and the Turkish-Kurd issue.

Aral claimed to have seen Gunaydin become involved with this unit, according to the daily Milliyet.

Recent court hearings, however, have produced substantial evidence that the true masterminds of the murder were members of Ergenekon, a clandestine nationalist group that sought to overthrow the current government by engineering domestic chaos.

Yelki, 34, has lived in the southern city of Adana for the nearly two years since the murder. He has had a rocky history with the leadership of Turkey’s small Protestant church, which he accused of abandoning him during difficult financial times in a series of defamatory e-mails.

He volunteered for six months at Zirve, site of the brutal torture and murder of the three Christians.

Gunaydin, the suspected ringleader of the youths accused of murder – including Salih Gurler, Cuma Ozdemir, Hamit Ceker, and Abuzer Yildirim – has claimed in previous hearings that he was offered promises of state support for killing the Christians.

In the course of Friday’s brief hearing, Ugur Yuksel’s mother, Hatice Yuksel, stood up and loudly asserted that Gunaydin had threatened her. She did not specify the nature of these threats, and court officials told her to be silent.

The next hearing for the trial is scheduled for April 13, four days before the second anniversary of the murders. Many attorneys believe the case will be fully integrated with the Ergenekon case in the upcoming months.

Report from Compass Direct News