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

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

Two Churches Come under Attack from Islamists

One community in Punjab Province faces threat from grenade, another from bulldozer.

SARGODHA, Pakistan, July 13 (CDN) — Christian communities in two areas came under attack in Punjab Province earlier this month.

In Sargodha, an unidentified motorcyclist on July 1 tossed a grenade in front of the gates of St. Filian’s Church of Pakistan, next to a small Christian-owned amusement park where children were playing, Christian sources said.

One of the owners of the playground, Shehzad Masih, said the hand-made grenade was thrown just before 9 p.m., when hot summer weather had cooled and the park was crammed with parents and their children. It did not explode.

Masih said children told him that after throwing the grenade, the motorcyclist sped away, disappearing into the traffic of University Road in Sargodha, a major street where government offices are located. Masih said police confirmed that it was an explosive device that did not go off.

The Rev. Pervez Iqbal of St. Filian’s said the Bomb Disposal Squad and New Satellite Town police took the grenade away. High-ranking police officials cordoned off the area, declaring a “High Red Alert” in Sargodha, he added. He and Masih said the whole area was evacuated.

“By the grace of God, that hand grenade did not go off, and there was no loss of life or property despite the fact that the alleged militant made his best efforts to throw it close to the entrance of the church, possibly inside the church,” Iqbal said.

A retired member of the army who now serves as a clergyman told Compass that a standard hand grenade normally has eight ounces of explosive material capable of killing within 30 to 50 yards.

“Nowadays Muslim militants are able to make their own hand-made grenades,” he said on condition of anonymity, adding that the explosive content in the undetonated grenade has not been revealed.

Area Christians said the attempted attack comes after many Christian clergymen and heads of Christian organizations received threatening letters from Islamic militants.

In spite of the incident, the following Sunday service took place at its usual time.

Iqbal told Compass that police have taken no special measures to protect the church building since the attempted attack, though a police patrol vehicle is stationed outside the church gate.

“This is the only measure taken by the police to beef up security at the church,” he said.

 

Bulldozer

At a small village near Sheikhupura, Punjab Province, a church building and Christian homes came under threat of demolition on July 5. Islamic extremists issued threats as, accompanied by local police, they intended to demolish the Apostolic Church Pakistan structure in Lahorianwali, Narang Mandi, with a bulldozer, area Christians said.

Assistant Sub-Inspector Rana Rauf led Narang Mandi police and the extremists in an attempted demolition that was averted with the intervention of Christian leaders who called in district police.

The attempted assault followed the arrest on July 1 of local influential Muslim Muhammad Zulfiqar, who had forcibly stopped renovation of a church wall on that day; he was released the same day.

“Rana Rauf disdainfully used derogatory remarks against Christians, calling them ‘Gadha [donkey],’ and said they go astray unless a whip is used to beat them and show them the straight path,” said Yousaf Masih, a Christian who also had been arrested and released on July 1, when Rauf, Zulfiqar and the extremists stopped the renovation work.

Another area Christian, Zulfiqar Gill, told Compass that the Islamic extremists threatened the Christians in the July 5 incident.

“They said that if we ever tried to rebuild the walls or renovate the frail Apostolic Church building, they would create a scene here like Gojra,” said Gill. On Aug. 1, 2009, Islamic assailants acting on a false rumor of blaspheming the Quran and whipped into frenzy by local imams attacked a Christian colony in Gojra, burning at least seven Christians to death, injuring 19 others, looting more than 100 houses and setting fire to 50 of them. The dead included women and children.

Khalid Gill of the Christian Lawyers’ Foundation said Zulfiqar has tried to illegally obtain the church property and attacked the structure twice previously in the past two years. Younas Masih said Zulfiqar demolished one of the church walls on Oct. 8, 2008, and local Christian Akber Masih said Zulfiqar set aflame the tents and decorations of a Christmas Service at the Apostolic Church Pakistan in 2009.

In each case, Christians filed charges against Zulfiqar, but because of his wealth and influence he was never arrested, area Christians said.

A Deputy District Officer Revenue report states that Zulfiqar has illegally occupied land and wishes to seize the church property and the house of an assistant pastor. Zulfiqar has already demolished the house of the assistant pastor, Waris Masih, according to the report.

Lahorianwali is a predominantly Islamic village of more than 350 Muslim families and only 36 Christian families, sources said.

Report from Compass Direct News

Conviction of Legislator in India Falls Short of Expectations

In murder of Christian, Hindu nationalist sentenced to seven years for causing ‘grievous hurt.’

NEW DELHI, July 2 (CDN) — Christians in Orissa state had mixed feelings about the sentencing on Tuesday (June 29) of state legislator Manoj Pradhan to seven years in prison for causing grievous hurt and rioting – but not for murder.

“Pradhan is not convicted of murder, but offenses of voluntarily causing grievous hurt by dangerous weapons and rioting were upheld,” attorney Bibhu Dutta Das told Compass. “Pradhan will be debarred from attending the Orissa Legislative Assembly unless the order of conviction is stayed by the Orissa High Court, or if special permission is granted by the court allowing him to attend.”

Kanaka Rekha Nayak, widow of murdered Christian Parikhita Nayak, acknowledged that the verdict on Pradhan and fellow Hindu nationalist Prafulla Mallick in the August-September 2008 violence against Christians did not meet her expectations. She said she was happy that Pradhan was finally behind bars, but that she “expected the court to at least pronounce life imprisonment on Pradhan and Mallick for the gruesome act that they committed.”

Das said he will try to increase the sentence.

“Pradhan spearheaded the riots and has several criminal charges against him – he cannot be let off with a simple punishment,” Das said. “We will be filing a criminal revision in the Orissa High Court for enhancing the period to life imprisonment.”

The day after Pradhan was sentenced, two Hindu nationalists were reportedly convicted of “culpable homicide not amounting to murder” in the burning death of a paralyzed Christian during the 2008 attacks on Christians in Orissa state’s Kandhamal district and sentenced to only six years of prison.

UCAN agency reported that Sushanta Sahu and Tukuna Sahu were convicted and sentenced on Wednesday (June 30) in the death of Rasananda Pradhan, a paralytic burned alive when Hindu extremists set his house on fire on Aug. 24, 2008. Church leaders criticized the lenient sentences.

Manoj Pradhan has been charged in 14 cases related to the August-September 2008 anti-Christian attacks. In seven of the cases he has been acquitted, he was convicted of “grievous hurt” in this one, and six more are pending against him.

Of the 14 cases in which he faces charges, seven involve murder; of those murder cases, he has been acquitted in three.

After a series of trials in which murder suspects in the 2008 Kandhamal district violence have gone free as Hindu extremist threats kept witnesses from testifying, the testimony of Nayak’s daughter, 6-year-old Lipsa Nayak, helped seal Pradhan’s conviction.

His widow, Rekha Nayak, told Compass that due to the severe threats on her life that she has received, she and her two daughters were forced to flee the area and go into hiding.

There were around 1,500 Hindu supporters present for this week’s verdict, a source in the courtroom told Compass on condition of anonymity.

“We had to leave the place before the judgment was pronounced and could not enter that area for three or four days after the verdict,” said the source, adding that prosecuting lawyers and human rights activists received the main threats.

Along with the seven years of prison, the Phulbani Court sentenced the Hindu nationalist Bharatiya Janata Party (BJP) member of the Legislative Assembly of Orissa from G. Udayagiri, Kandhamal to a fine a little more than US$100, as it did for Mallick. The verdict came from Fast Track Sessions Court I Judge Sobhan Kumar Das in the Aug. 27, 2008 murder of 31-year-old Parikhita Nayak, a Dalit Christian from Tiangia, Budedipada, in Raikia block of Kandhamal district.

Pradhan was also accused of setting fire to houses of people belonging to the minority Christian community.

“I have the highest regard for the judiciary,” Pradhan told Press Trust of India after this week’s verdict. “We will appeal against the verdict in the higher court.”

Cases have been filed against Pradhan for rioting, rioting with deadly weapons, unlawful assembly, causing disappearance of evidence of offense, murder, wrongfully restraining someone, wrongful confinement, mischief by fire or explosive substance with intent to destroy houses, voluntarily causing grievous hurt and voluntarily causing grievous hurt by dangerous weapons or means.

Dibakar Parichha of the Cuttack-Bhubaneswar Catholic Archdiocese told Compass that the judgment was “a good boost to the Christian community.”

“When the trials were on, the Nayak family faced terrible times,” Parichha added. “Pradhan and his associates threatened Kanaka Rekha, the widow of the deceased, right inside the courtroom of dire consequences if they testified about them.”

Archbishop Raphael Cheenath of the Cuttack-Bhubaneswar diocese issued a statement saying that the verdict had boosted confidence in the judiciary that criminals will be punished.

“People have been waiting for good judgment, and we have confidence in the judiciary that criminals will be punished,” Cheenath said, adding that the sentence will show criminals that the law will not spare any one. “One day or other, they will be punished.”

The Rev. Richard Howell, general secretary of the Evangelical Fellowship of India, told Compass that the verdict offered some hope.

“The fact that something has happened gives us some hope that more convictions would take place in the trials to come,” he said.

Calling the conviction “justice that was long overdue,” Howell said that not much can be expected from Fast Track Courts as no security is provided to witnesses.

 

Girl’s Testimony

During the 2008 anti-Christian attacks that followed the death of Hindu leader Swami Laxmanananda Saraswati, Lipsa Nayak’s parents and her sister had taken refuge in the forest to escape the fury of the Hindu extremists, but the rampaging mob tracked them down.

Lipsa, then 4 years old, along with her mother and then 2-year-old sister, Amisha Nayak, watched in horror as the crowd allegedly beat her father for two hours and then killed him by cutting him into pieces and burning him.

Rekha Nayak filed a complaint and a case was registered against Pradhan, Mallick and others for murder, destroying evidence, rioting and unlawful assembly. Pradhan was arrested on Oct. 16, 2008, from Berhampur, and in December 2009 he obtained bail from the Orissa High Court.

Despite his role in the attacks, Pradhan was the only BJP candidate elected from the G. Udayagiri constituency in the 2009 Assembly elections from Kandhamal district. He had campaigned inside jail.

On March 14, Rekha Nayak and her daughter Lipsa testified in court in spite of the threats. Rekha Nayak reportedly testified that when the Hindu mob demanded that her husband renounce Christianity or face death, he kept quiet, which led to his death.

Prosecution and defense lawyers questioned Lipsa for more than 90 minutes, and she reportedly answered all questions without wavering. Asked by the judge if she could identify the killer of her father, she pointed to Pradhan.

So far he has been exonerated of murder charges against him for “lack of witnesses.” Christian leaders say that Pradhan has been intimidating witnesses because of his position as a member of the Legislative Assembly.

The government of Orissa has set up two Fast Track courts to try cases related to the violence that spread to more than a dozen districts of Orissa. The attacks killed more than 100 people and burned 4,640 houses, 252 churches and 13 educational institutions.

Trials are being held for 38 cases in which 154 people have been convicted and more than twice that many have been acquitted, as high as 621 by one count. Victims filed 3,232 complaints in the various police stations of Kandhamal district. Of these, police registered cases in only 832 instances.

“Nearly 12,000 people are accused in the riot case – 11,803 are out on bail,” said attorney Das.

Report from Compass Direct News

Jewish Christian in Israel Seeks Protection from Repeated Attacks

Police unresponsive to U.S.-born activist assaulted for his faith.

JERUSALEM, December 28 (CDN) — A Christian of Jewish origin who has been attacked on the streets here four times because of his faith in Christ is seeking police protection.

Jerusalem resident Yossi Yomtov said police have been slow to investigate hate crimes against him by youths wearing kippahs, cloth skullcaps typically worn by observant Jews. In two of the attacks a youth plied him with pepper spray and stun gun shocks, he said.

“This young man cursed me for my belief in Christ,” Yomtov told Compass. “He used ugly curses and spoke in highly abusive language.”

Yomtov, who founded social activist group Lemallah (“Upward”) after moving to Israel from the United States in 1999, said he was last attacked on Dec. 19. On that occasion his group was holding a demonstration in downtown Jerusalem, he said, when a man chanting anti-Christian slogans and using foul language approached him and begin striking him. Police never showed up in spite of many calls to the police station, he said.

Yomtov said he received Christ in 1984, while still living in the United States. He said he became a Christian after he “hit the bottom” – taking drugs and engaging in “in illegal activity.” He regards himself as a Jewish Christian belonging to no one church; he does not belong to the highly organized movement of Messianic Jews.

“I’m not secretive about my belief like some other people, and I often talk about it,” he told Compass. “That’s how many people are aware of me believing in Jesus Christ.”

In previous attacks in the last few months, the assailants appeared to be teenaged or young men of French origin, he said.

“When they approached, one of them started cursing me – I ignored him, as I figured he wasn’t about to attack me, but he did,” Yomtov said. “I received a punch in the face and had to defend myself.”

Police arrived and caught one of the attackers but refused his request to press charges, he said. Yomtov said he asked police why they didn’t secure any witnesses.

“I was told to shut up,” he said. “It was clear that they were not going to press any charges.”

A month later, he said, he was attacked again. The same teenaged youth approached him on King George street in downtown Jerusalem.

“He sprayed my eyes with a pepper spray, and I stood there, blind, for at least 15 minutes,” Yomtov said. “People at a nearby bus stop started calling the police, but they never showed up.”

Late at night on Oct. 12, the harrasment continued.

“I was walking in the city center, in close proximity to a very central Ben-Yehuda street sometime after midnight, and a group of youths with stun guns attacked me brutally,” he said. “I rushed to the police station, but the police officer again was reluctant to take up this complaint, and it took quite a few times and a lot of me convincing them to take this matter seriously.”

Yomtov said he managed to take a photo with his cell phone of the youth who seemed to be the gang leader.

“Finally they agreed to start investigating this issue, yet so far there is no progress in the investigation, and I have totally lost a sense of personal security,” he said. “I don’t know when they’ll come up to me next.”

Police in Jerusalem declined to comment on Yomtov’s case in spite of repeated requests by Compass.

On one street, Yomtov pointed to a morass of hatefull grafitti. Written with Hebrew characters, some of it employed foul language in referring to Christianity and Islam; other messages proclaimed threats such as, “Death to Arabs” and “Death to the left.”

“It seems as if they don’t want to stop the hate crimes, the hate graffities, until it’s too late,” Yomtov said. “If they were serious about enforcing laws against violence they would have at least identified the perpetrator and submitted that information in the complaint file for the prosecutor. Instead they threatened me with arrest, when all I wanted was to investigate the violent crime against me.”

He referred to the recent indictment of ultra-orthodox Jewish extremist Jacob Teitel, an immigrant from the United States charged with multiple hate crimes, including the murder of an Arab shepherd and taxi driver in 1997 and the planting of an explosive device at the front door of a family of Messianic Jews in Ariel that seriously injured 15-year-old Ami Ortiz.

“I wonder whether the Israeli police could prevent the crimes Jacob Teitel performed, had they been taking him seriously from the beginning,” said Yomtov. “It seems that the Israeli police only care to investigate hate crimes when someone is killed or seriously injured.”

Report from Compass Direct News 

Two Indonesian Churches Receive Bomb Threats

Islamic groups demand halt to threatened congregation’s worship.

JAKARTA, Indonesia, October 13 (CDN) — Two churches in the greater Jakarta area have received bomb threats.

In East Jakarta, the pastor of a Batak Protestant Christian Church (Huria Kristen Batak Protestan, or HKBP) on Bogor Street received a threatening phone call before Sunday services on Oct. 4. The church building is located near the headquarters of an elite police corps.

The unknown caller to the Rev. Abidan Simanungkalit’s cell phone said the bomb would explode during the morning worship service, the pastor told Compass.

“I was startled to receive the short message,” he said. “I immediately phoned some church leaders and then called police.”

Scores of police and bomb squad officers came to the site and combed the area for a bomb, discovering a black package in a garbage container near the front of the church building. It contained four large batteries, a small wall clock and a tin can, and after a two hours police determined that it was not a bomb.

Officers speculated that the caller was unable to construct a real bomb but wanted to publicize a threat.

Pastor Simanungkalit said congregation members were alarmed over the threat and that the morning worship was uneasy.

“They were panicky and fearful,” he said. “People kept getting up to go outside and check on things.”

The church has never had problems with anyone that would lead to such a threat, the pastor added.

“Everything has been peaceful,” he said. “The close proximity of the police headquarters seemed to guarantee peace.”

Closure Sought

In north Bekasi in the Jakarta metropolitan area, a church leader of a Bethel Indonesia congregation received a similar threat the previous day, Oct. 3.

Jeffry Lalamentik said he received the threat on his cell phone, with the unknown caller also saying, “Your church will be bombed during morning worship.”

Upon receiving the threat, Lalamentik said, he contacted the Rev. Daniel Susanto, who quickly called police. A bomb squad arrived shortly after and made a thorough search, but they did not discover any explosive device.

Lalamentik said there was reason to take the threat seriously. In July a number of radical Islamic groups, including the Islamic Defenders’ Front (Front Pembela Islam), Iqra Echo and the Forum for Communication and Hospitality of the Musala Mosque (FKSMM) in Bekasi demanded that the church close.

The church meets in a private home in the midst of a housing complex.

“We are putting up a permanent church building,” Lalamentik said. “Until that is finished, we are worshipping at Pastor Daniel’s home.”

Pastor Susanto said the church had secured permission for the church building from Bekasi officials in April. The Muslim organizations, he said, have opposed the church meetings at his house, where worship has taken place since 2000.

“We normally worship at my home but occasionally move to other houses,” the pastor told Compass.

A crowd of 600 protestors from Islamic organizations have demonstrated in front of Bekasi government offices demanding a halt to the Bethel Indonesia church’s worship services, he added, and they are also fighting the establishment of the congregation’s building.

Budi Santosa of the FKSMM said that the required papers for the building permit were incomplete because the recommendation from the local Interfaith Communications Forum was missing.

The Muslim groups have met with the deputy mayor of Bekasi, Mochtar Mohammad, and the assistant leader of the Bekasi City Council, Ahmad Syiakhu, as well as several other officials. Santosa said the officials are studying the Islamic organizations’ objections to both the house church worship and its building but have taken no action.

Report from Compass Direct News 

EGYPT: STABBING, BOMBING ATTACKS STRIKE NEAR TWO CHURCHES

Copt leaving sanctuary knifed in Minya; bomb explodes near venerable structure in Cairo.

ISTANBUL, May 22 (Compass Direct News) – In separate attacks in Egypt earlier this month, a Coptic Christian suffered severe stab wounds as he left a worship service in Minya, and a car-bombing outside a venerable church in Cairo disrupted a wedding.

Without provocation, three Muslims repeatedly stabbed Coptic Christian Girgis Yousry, 21, as the army conscript was leaving the gates of the church of Saint Mary in Minya, Upper Egypt on May 2, according to Copts United.

The assault left him with severe injuries to internal organs, and he was taken to the district hospital, where he was still receiving treatment at press time.

When Yousry’s father went to the police station to report the attack, the Intelligence Services officer in charge threw him out of the station. Three men implicated in the stabbing, Wael Mohammed Hagag, Mohammed Nasr Anwar and Shabaan Sayed Amin, were arrested on May 5 and have been given a 16-day initial incarceration while the investigation is underway.

All three men stand accused of attempted murder without premeditation, which carries a sentence of five to 15 years.

But Mamdouh Nakhla, president of the Al-Kalema Centre for Human Rights, said he thinks it unlikely that they will be convicted.

“From my experience over the last 15 years, in Minya in particular, all cases of attacks and murder against Christians either went without punishment and [the accused] were totally exonerated, or they were given suspended sentences,” he said.

Home to Egypt’s largest community of Copts (approximately 4 million), Minya is considered a hotbed of anti-Christian violence.

“I am aware of severe injustices happening to Christians who are being incarcerated for no reason,” said Nakhla. “This is my experience of Minya.”

Local sources told Compass that in the last few months there has been a wave of arrests of Christians who are held with no official charges. Sources spoke of cases where detainees are held for months in prison, where they are badly beaten and tortured.

“Police brutality is a widely practiced policy,” said one source, “especially in rural areas, group punishment and systematic intimidation and humiliation are expected practices against all citizens, Christians included.”

This month Compass learned of three illegal arrests of Christians that have taken place since November 2008. Two of the men who were detained have since been released.

“When people are released, they have been beaten and electrocuted so that they are hardly standing up,” said a local Christian.

Local church leaders believe recent pressure is a response to rumors of an increase in Christian converts in Egypt due to Christian satellite programming, although arrests go beyond converts to Coptic-born Christians.

Makeshift Bomb

In Cairo, a makeshift bomb placed under a car exploded outside a renowned Catholic church building in Zeitoun district on May 9, incinerating the vehicle but causing no injuries.

Panicked passersby called police when the small explosion caused the car to burst into flames outside Saint Mary Church, which Egypt’s Coptic community, citing numerous sightings of the Virgin Mary there in the late 1960s, considers a holy site.

Security forces arrived at the scene within minutes and sealed off the area. They found a second bomb, also planted beneath a car. Unable to disarm it, they were forced to detonate it in a controlled fashion, sources told Compass.

The explosion interrupted a wedding and a Bible study that were taking place inside the revered, historic building. Those in attendance were evacuated through a side gate as a precaution, reported Egyptian newspaper Watani. Boutros Gayed, the church’s priest, was unavailable for comment.

The bombs were rudimentary. Cell phones were used as detonators and placed with the explosive material into a bag containing shrapnel.

Police have yet to release information about possible suspects or motives, but newspaper Al-Masry Al-Youm has stated security forces are investigating possible links to a Hezbollah cell, which uses similar explosive devices.

A spokesman for Hezbollah has denied its involvement, stating that the cell was focused on supporting Palestinians in the Gaza Strip and has never had plans to carry out operations in Egypt.

The head of the Orthodox Church, Pope Shenouda, condemned the attack as criminal and pointed to sectarian motives.

“[The bombers] are attempting to tamper with the future of this homeland that they do not deserve to belong to,” he said, according to Egyptian newspaper Al-Ahram.

Similarities between this event and an explosion in February outside Al-Hussain Mosque, where one person was killed and 24 others wounded, have led to speculation that the attacks may be part of an attempt to inflame sectarian tensions.

Rumors also have been spread that “extremist Coptic groups” may have planted the devices in order to attract U.S. President Barack Obama’s attention to their plight on his planned June 4 visit to Cairo.

“This sounds like a ridiculous suggestion, because the Copts do not even respond to attacks against them,” said Ibrahim Habib, chairman of United Copts of Great Britain. “It is not in their agenda, and they have no precedence of violence.”

Report from Compass Direct News

IRAQ: FLEEING CHRISTIANS FACE NEW HARDSHIPS IN TURKEY

As renewed violence in Mosul halts return, refugees wait in Turkish legal limbo.

ISTANBUL, November 14 (Compass Direct News) – In this Turkish city’s working-class neighborhood of Kurtulus, Arabic can be heard on the streets, signs are printed in the Arabic alphabet and Iraqis congregate in tea shops.

In 99-percent Muslim Turkey, most of these Iraqis are not Muslims. And they are not in Turkey by choice. They are Christian refugees who fled their homeland to escape the murderous violence that increasingly has been directed at them.

It is hard to tell how many of Mosul’s refugees from the recent wave of attacks have made their way to Istanbul, but finding these residents here is not hard. A middle-aged Iraqi refugee who fled Mosul five months ago now attends a Syrian Orthodox Church in the poverty-stricken neighborhood of Tarlabasi, where gypsies, transvestites, and immigrants from Turkey’s east live in hopes of a better life in Istanbul.

Declining to give his name, the refugee said there is no future for Christians in Iraq and that nearly everyone he knew there wanted to leave the country. He said the only hope for Iraqi Christians is for Western countries to open their doors to Christian Iraqi refugees.

“We don’t have hope,” he said. “If these doors aren’t opened, we will be killed.”

Since October, violence in Mosul has pushed more than 12,000 Christians from their homes and left more than two dozen dead, according to U.N. and Christian organizations. In the face of Mosul violence, Iraqi Christians flee to Turkey before settling permanently in another country, usually in a place where their family has gone out before them.

 

Christian Sisters Killed

Weeks after the mass exodus of Mosul Christians to surrounding villages, Turkey and other nations, around one-third of families reportedly have returned due to the presence of 35,000 army and police and the Iraqi government offering cash grants of up to $800.

But those returning Christians were shaken again on Wednesday (Nov. 12), when Islamic militants stormed into the house of two Syrian Catholic sisters, Lamia’a Sabih and Wala’a Saloha, killing them and severely injuring their mother. They then bombed their house and detonated a second explosive when the police arrived, which killed three more.

The Christian family had recently returned after having fled Mosul. Many believe this attack will deter other Christians from returning to Mosul, and there are reports of Christians again leaving the area.

There has been a steady exodus of Christians from Iraq since the first Gulf War in 1991. The church in Iraq dates from the beginning of Christianity, but the population has plummeted by 50 percent in the last 20 years. The outflow of Iraqi Christians spiked in 2003 following the U.S.-led invasion.

Although Iraq as a whole has seen a dramatic decrease in violence due to last year’s surge in U.S. troops, the flight of Christians to Turkey has grown. One-third of the 18,000 refugees who registered in Turkey last year are from Iraq. In Syria, an estimated 40 percent of the 1.2 million Iraqis who have fled Iraq are Christians, though they make up only about 3 percent of Iraq’s population.

Monsignor Francois Yakan, the 50-year-old leader of the Chaldean Church in Turkey, said all Iraqi refugees are undergoing hardships regardless of religion, but that the situation is especially difficult for Christians since there is less support for them in Turkey.

“Muslims have the same difficulty as Christians, but there are more foundations to assist them,” he said. “The government notices Muslim immigrants, but nobody pays attention to us.”

Yakan travels to other countries to raise awareness of the plight of Iraqi Christians, trying to marshal the support of government and church leaders – last week he traveled to France, Romania and Germany. If Western governments don’t wake up to this crisis, he said, the results could be catastrophic.

“People don’t know the plight of Iraqi Christians. They have no government, no soldiers, and no power,” he said. “Christianity in Iraq is ending. Why aren’t they noticing this?”

 

Strangers in Strange Land

The unnamed Iraqi refugee in Tarlabasi said not even pleas from Iraqi priests can make them stay.

“The church in Iraq can’t stop the people from leaving because they can’t guarantee their security,” he said.

He came to Istanbul with his family but still has an adult son and daughter in the city. He hopes to join his brother in the United States soon.

A group of Iraqi refugees at a tea shop in the Kurtulus area of Istanbul interrupted their card game to talk to Compass of their troubled lives.

“We can’t find any work,” said Baghdad-born Iraqi Jalal Toma, who acted as the translator for the group. He pointed to a young man at the table and said, “He works moving boxes and carrying things, and they pay him half as much as a Turk for a day’s work.”

All of the men are Chaldean Christians, a Catholic Eastern-rite church whose historical homeland is in northern Iraq, and came from Mosul in recent months. They are chronically under-employed and rely on financial help from family members abroad to make ends meet.

They had to flee their homes at a moment’s notice, taking along their families but leaving behind their cars, houses and most of their possessions. The men hope to join family members who live in foreign countries, but they harbor few hopes that they can ever return to Iraq again.

 

Offering Relief

Work is scarce for refugees and hard to come by legally in Turkey. To survive, most Iraqi Christians rely on money from families abroad or the handful of local church charities that struggle to keep up with the overwhelming volume of refugees, such as the Istanbul Interparish Migrant Program, an ecumenical umbrella group that unites the city’s parishes to assist migrants and asylum seekers.

Another such charity is Kasdar, the Chaldean-Assyrian-Syriac Humanitarian, Social and Cultural Organization, run by Yakan, the Chaldean Church leader in Turkey.

He launched Kasdar two years ago to provide a safety net for Christian refugees who live in Turkey’s legal limbo. Kasdar assists all Christians regardless of denomination or faith tradition and has 16 volunteers from an equally diverse background.

Yakan sees thousands of refugees pass through Istanbul each year. Most of them are Chaldean, and he knows of 60-70 people who fled due to the recent October violence in Mosul. He travels constantly to visit Chaldean refugees scattered throughout the country.

When refugees first arrive in Turkey, they must register with the United Nations as asylum seekers. The Turkish police then assign them to one of 35 cities to live in as they wait to receive official refugee status. These Christians face the biggest hardships since they don’t have access to the same social resources as refugees in Istanbul, said Metin Corabatir, U.N. High Commissioner for Refugees spokesman in Turkey.

“The Chaldean population faces problems in Turkey, especially due to the policy of resettling them to satellite cities,” said Corabatir. “The Chaldeans in Istanbul have NGOs [Non-Governmental Organizations] and churches to help them, but in satellite cities there is no church or community to help them.”

Most refugees send their children to school at a local center run by Caritas, a Catholic confederation of relief, development and social service organizations. Here, Iraq children receive education and lessons in basic vocational skills.

The wait for legal status can be as short as a few months or a couple of years. But complicated circumstances can push back the wait to five years, 10 years, or even 17 years – as it is now for a man who fled during the first Gulf War, Yakan of the Chaldean Church said.

Another church leader who has helped Christian refugees is 70-year-old Monsignor Yusuf Sag, vicar general of the Syrian Catholic Church in Turkey. His 350-person congregation assembles packets of clothes and food for the refugees.

Many who come to Sag also seek medical help. He has connections with doctors throughout the city, both Muslim and Christian, who offer basic treatment to refugees free of charge. Sag said he tries to help all who come to him, without asking them of their denomination or even their religion.

“Their situation is not a Christian problem, but a human problem,” he said.

Often Iraqi Christians work illegally, where they are vulnerable to extortion. Refugee workers in Istanbul said registered asylum seekers can work legally, but it is not uncommon for employers to garnish their wages or withhold them completely, with the foreigners getting little protection from police.

The Turkish government charges a refugee a residence tax of US$460 a year and will not allow them to leave the country until it is paid, making them remain in the country even longer. With all these hurdles to finding stable employment, many Iraqi refugees are never too far from homelessness.

“There was a family we found living on the streets – a husband, wife and two children,” Yakan said. “They have lived in Istanbul for six months and couldn’t even afford to pay rent.”

His foundation found the family an apartment and assisted them with rent, but they only have enough resources to help for two months.

Kasdar gave similar assistance to 54 families in October. But the organization can only help for a few months at a time and assist the most vulnerable refugees.

Report from Compass Direct News