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

Kazakhstan threatens to deport Christian missionaries

Kazakhstan has left threats to deport Viktor Leven "hanging in the air", he has told Forum 18 News Service. The now-stateless Baptist, who is Kazakh-born, was convicted of missionary activity without state permission, and because he and his wife do not have passports they cannot either obtain paid work or travel by train. He and his family live on what they can grow themselves.

Another Baptist, Zhanna-Tereza Raudovich, who was fined 100 times the minimum monthly wage for hosting worship in her home, has had an appeal against the fine rejected and has appealed to the Supreme Court.

Akmola Regional Police held a seminar on ways of struggling against religious extremism, during which Baptists were associated with terrorism. Asked why this association was made, police told Forum 18 that Baptists were not extremists but they "do violate the law often" as they continue religious activity without official registration. Attendees at the seminar included members of President Nursultan Nazarbaev’s Nur Otan political party.

Report from the Christian Telegraph 

Moroccan Authorities Raid Bible Study, Arrest Christians

Order to detain 18 nationals, deport U.S. citizen apparently came from highest levels.

MARSEILLES, France, February 9 (CDN) — A large, military-led team of Moroccan authorities raided a Bible study in a small city southeast of Marrakech last week, arresting 18 Moroccans and deporting a U.S. citizen, area Christian leaders said.

Approximately 60 officers from the Moroccan security services on Thursday afternoon (Feb. 4) raided the home of a Christian in Amizmiz, a picturesque city of 10,000 mainly Berber people 56 kilometers (35 miles) southeast of Marrakech. A church Bible study was in progress at the home with visitors from western and southern Morocco, the leaders said.

Five of the 18 people held for 14 hours were small children, two of them infants no more than 6 months old. The other small children ranged from 20 months to 4 years old, and also detained was the visiting 16-year-old nephew of one of the participants.

The Christian leaders said authorities interrogated participants in the Bible study for 14 hours. The authorities filmed the interrogations with digital video cameras and cell phones.

The leader of the Christian group, who requested anonymity for security reasons, said the raiding party was unusually large. It included an accompaniment of 15 vehicles led by a colonel and two captains.

“It’s the first time in our current Moroccan church history that the Moroccan government used this size of a legion to attack a small Christian meeting,” he said. “All the time they kept repeating that this was ordered personally by the new Moroccan Justice Minister [Mohamed Naciri] and by the highest level General of the Gendarmerie [Housni Benslimane].”

Quoting a statement by the Interior Ministry, the state-run Maghreb Arabe Presse news agency reported that a “foreign missionary” had been arrested for trying to “spread evangelist creed in the Kingdom and locate new Moroccan nationals for recruitment.”

The statement added that the raid took place “following information on the organization of a secret meeting to initiate people into Christianity, which would shake Muslims’ faith and undermine the Kingdom’s religious values.”

The U.S. citizen, whose name has not been released, was deported immediately after interrogation. The Christian leaders said the visiting Moroccans were sent back to their homes in western and southern Morocco.

Authorities seized Bibles, books, two laptops, a digital camera and one cell phone, they said.

“I don’t think this number of Moroccan government forces was ever used even against Muslim fundamentalists,” the leader of the Christian group said.

Conflicting Codes

Overall, the North African country has a history of religious tolerance. Morocco’s constitution provides for freedom to practice one’s religion, but Article 220 of the Moroccan Penal Code criminalizes any attempt to induce a Muslim to convert to another religion.

In its 2009 international religious freedom report, the U.S. Department of State noted that on April 2, 2009, a Moroccan government spokesman asserted that freedom of religion does not include freedom to choose one’s faith.

“The fight against Christian proselytizing in accordance with law cannot be considered among human rights abuses,” the Moroccan government spokesman said, “for it is an action aimed at preventing attempts to undermine the country’s immutable religious values. The freedom of belief does not mean conversion to another religion.”

Morocco is a signatory to the International Covenant on Civil and Political Rights. Article 18 of the covenant affirms the right to manifest one’s faith in worship, observance, practice or teaching.

The covenant also states, however, that “freedom to manifest one’s religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health, or morals or the fundamental rights and freedoms of others.”

In early December last year Moroccan police expelled five Christian foreigners for “attending a forbidden meeting,” according to an unnamed government official. The five men were involved in a training seminar for 17 Christians in northern Morocco.

“We were highly surprised that Morocco dared to arrest and expel us,” said one of the deported Christians, noting that only Christians were present at the meetings. “The police told us that we were holding a forbidden meeting, but we are friends just coming together for fellowship and for teaching each other. Is that forbidden in Morocco?”

The deportations were a serious violation of religious rights, the Christian said.

“The police came with 35 agents – 12 of them invaded the building, and the rest of the police surrounded the premises just to arrest 17 friends coming together for fellowship,” he said. “We were held in custody for one day and night, and we were interrogated for many hours, until 4:30 the next morning.”

On March 29, 2009, the Moroccan government announced that it had expelled five female Christians for attempting to “proselytize,” although sources said they were foreign visitors merely attending a Bible study with fellow Christians. The accused women were five of 23 tourists, expatriates and Moroccans arrested in Casablanca on March 28 during what the Interior Ministry called a “proselytizing” meeting involving Moroccan citizens.

Police seized numerous pieces of evangelistic “propaganda,” including Arabic books and videos. But a source told Compass that everyone in attendance was a Christian and that they had gathered merely for a Bible study, which he said falls within Morocco’s constitutional right of freedom to express one’s faith.

The authorities interrogated 12 others, 11 of them Moroccan citizens, for participating in the women’s Bible study in the apartment of a local Christian leader in Casablanca. They released them early the following morning, returning them home in unmarked police cars, according to the state department report.

“The authorities reportedly pressured the women to return to Islam, mocked their Christian faith, questioned why they left Islam to become Christians, and asked if there were other Christians in their families,” the report states.

A Christian who works in the country told Compass that Moroccan Christians do not see themselves as contradicting national values.

“Moroccan Christians are proud to be Moroccan and desire the freedom to be legally recognized by the government,” he said.

Report from Compass Direct News 

MOROCCO: OFFICIALS DEPORT FIVE FOREIGN CHRISTIANS

Female visitors said to be merely attending Bible study with fellow believers.

ISTANBUL, March 31 (Compass Direct News) – The Moroccan government announced on Sunday (March 29) it had expelled five foreign female Christians for trying to “proselytize” in the Islamic country, although sources said they were foreign visitors merely attending a Bible study with fellow Christians.

The accused women were among 23 tourists, expatriates and Moroccans arrested in Casablanca on Saturday during what the Interior Ministry called a “proselytizing” meeting involving Moroccan citizens. Police seized numerous pieces of evangelistic “propaganda,” including Arabic books and videos.

But a source told Compass that everyone in attendance was a Christian and that they had merely gathered for a Bible study, which he said falls within Morocco’s constitutional right of freedom to express one’s faith.

Arriving at the meeting at 5 p.m., 18 plainclothes police officers arrested all in attendance and transported them to a police station. They were detained and questioned until 5 a.m. Sunday morning.

“This was a great humiliation for these women, most of which were of the same family, to be arrested as criminals,” the source said.

Prior to the arrest, all the materials at their meeting had received official government approval. Those in attendance included 15 Moroccan women and one man, two female expatriates of Iraqi and U.S. origin, and the five women visiting Casablanca on the group’s invitation. The women the government called “missionaries” – four Spaniards and one German – were deported to Spain via ferry, according to Morocco’s official MAP news agency.

While the decision to expel the five women indicated lack of religious freedom in Morocco, it likely has more to do with a Moroccan bias against missionary activity in general, not against Christian evangelism per se, said Elliot Abrams, senior fellow for the Council on Foreign Relations.

Morocco severed ties with Iran in early March on suspicion that the latter was supporting Shiite Islamic missionary activity, which officials believed would disrupt the unity of the 99-percent Sunni country. Earlier this month a Shiite school was closed after accusations that it was attempting to convert students, and rights groups claim that about a dozen people have been arrested for allegedly converting to Shiite Islam, according to The Associated Press.

In light of these moves, Abrams said, the government would have been hard-pressed to allow Christian activities the five women were suspected of undertaking after it shut down Islamic missionary enterprises.

“[Morocco] is generally more sensitive about missionary activity, and cannot be seen to allow Christian activity while stopping Muslim activity,” he said.

A Christian worker agreed with this assertion. He said the government may be attacking Christians “for balance,” even if they are only having a Bible study, after launching an initiative against Shiites.

The North African country prides itself on its religious freedom and tolerance. The constitution provides for freedom to practice one’s religion, but Article 220 of the Penal Code criminalizes any attempt to induce a Muslim to convert to another religion.

 

Official Church Leaders Pounce

Without directly mentioning the women, representatives of Morocco’s official churches swiftly condemned all forms of “proselytism” – a term with a pejorative connotation of asserting one’s will, as distinct from “evangelism,” or proclaiming Christ for people to respond freely – adding that the role of the nation’s churches is only to guide Christians on their “spiritual quest.”

Archbishop of Rabat Monsignor Vincent Landel and Chairman of the Evangelical Church in Morocco Jean-Luc Blanc issued a joint statement that Catholics and Muslims should focus on dialogue, which “by definition rules out proselytizing activities.”

“This dialogue has an intellectual and theological dimension and copes with the social and cultural realms,” they wrote. “Thus, Christians are engaged in various activities alongside Muslims, share the same values and goals and are not afraid of showing their differences.”

Blanc pastors a French Pentecostal church in Casablanca, a congregation mostly made up of expatriates from across Africa. He has criticized independent foreign mission groups, mainly out of worry that they could upset a delicate religious balance in the Sunni Muslim country.

Catholic and Protestant churches have been operating in Morocco for more than a century, and “have learned over the years to live in harmony with the country and its people,” he said in the statement.

In 2007 the Ministry of Islamic Affairs and Endowments claimed that foreign missionaries had converted more than 3,000 people to Christianity, particularly in remote areas of the country, according to the 2008 U.S. Department of State Report on International Religious Freedom.

But a source with contacts in Morocco said that radical Islam is perceived as far more of a threat than evangelical Christianity.  

Report from Compass Direct News