Court in India Convicts Legislator in Second Murder Case

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

Testimony

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

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

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

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

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

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

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

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

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

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

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

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

It also noted mental trauma in children.

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

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

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

Report from Compass Direct News

Signs of Witness Intimidation Mount in Orissa, India

Fear factor results in transfer of rape case; meantime, 6-year-old girl says politician is killer.

NEW DELHI, April 2 (CDN) — Due in part to intimidation of witnesses in Kandhamal district, a judge this week granted a change of venue for the trial of men accused of gang-raping a nun during anti-Christian attacks in Orissa in 2008.

The trial will be transferred from Baliguda, Kandhamal to Cuttack, near the Orissa state capital of Bhubaneswar. Justice Indrajit Mohanty of the Orissa High Court on Tuesday (March 30) ordered the inter-district transfer of the trial. The nun, Meena Lilita Barwa, had argued that witnesses would be intimidated into refraining from testifying if the trial were held in Kandhamal district.

She also argued that Kandhamal’s intimidating atmosphere made it too dangerous for her appear in court there. Christians were hopeful that the transfer would lead the administration to review police and court processes in Kandhamal district.

Police have arrested 19 people for allegedly assaulting the nun on Aug. 25, 2008 and parading her half-naked through the streets.

Hindu Politician Identified as Killer

After a series of trials in which murder suspects in the 2008 Kandhamal district violence have gone free as Hindu extremist threats have kept witnesses from testifying, a 6-year-old girl has identified a powerful local politician as the man who killed her father.

In testimony at Fast Track Court No. 1 on March 14, Lipsa Nayak of Kandhamal identified Manoj Pradhan, a member of the Legislative Assembly of Orissa, as the man who cut and burned her father to death when Hindu extremists attacked Christians following the Aug. 23, 2008 death of a local Hindu leader.

Pradhan has been accused in nine cases of murder and in 14 cases of arson. So far he has been exonerated on the 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 Legislative Assembly. Lipsa’s mother, 32-year-old Kanak Rekha Nayak, has said that Pradhan and his associates have threatened to harm her family if they identified him as the killer.

The Nayak family lived in Tiangia, Budedipada, in Raikia block of Kandhamal district. During the anti-Christian attacks that followed the death of Hindu leader Swami Laxmanananda Saraswati, Lipsa’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 2-year-old sister, watched in horror as the crowd allegedly beat her father, Parikhita Nayak, for two hours and then killed him by cutting him into pieces and burning him.

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, the MLA from the Hindu nationalist Bharatiya Janata Party (BJP) from G. Udayagiri, Kandhamal.

Her mother later told media, “They played with him for a few hours before cutting him into pieces and dousing him with kerosene.”

Accused as a primary suspect in the murder along with Pradhan is Kali Pradhan. 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. Maoists have taken responsibility for the killing, though Hindu extremists accused Christians in an effort to spark anti-Christian violence. The attacks killed more than 100 people and burned 4,640 houses, 252 churches and 13 educational institutions.

Christian leaders have denounced the legal process in the Kandhamal violence, saying not only that witnesses have been threatened and the intimidated but that police investigations have been negligent or corrupt.

“There has been no conviction in any case of murder,” said Dr. John Dayal, a member of the National Integration Council. “More than 70 people were killed, and trial is being held only for 38 or so of those deaths. Eleven murder cases have been tried with no one being indicted or sentenced for murder so far – because of terrible investigation by the police, a poor show by the prosecuting lawyers and shoddy judicial process.”

The 123 cases tried in the Fast track courts have resulted in 97 convictions and 323 acquittals, including several cases decided on Wednesday (March 31). Seven people in two separate cases were convicted of arson and rioting cases. Nata Pradhan, Jahala Pradhan, Ashok Mallick, Bapa Pradhan, and Udayanath Pradhan from Raikhala-Gadiapada village were sentenced for two years imprisonment for destroying the house of Birendra Nayak of the same village. They were also fined 2,500 rupees (US$55). In the other case, Ratnakar Pradhan and Parsuram Pradhan from village Tatamaha, Raikia block were convicted of riot and arson.

At the same time, Fast Track Court I Judge S.K. Das acquitted 20 people persons in three separate cases for lack of evidence.

“Witnesses are being coerced, threatened, cajoled and sought to be bribed by murderers and arsonists facing trial,” said Archbishop of Orissa Raphael Cheenath in a statement. Previously he had demanded that the cases of politically powerful persons such as Manoj Pradhan be transferred out of Kandhamal to ensure proper justice.

“We are deeply concerned about the high rate of acquittals in the Fast Track Courts,” Cheenath said. “Victims filed 3,232 complaints in the various police stations of Kandhamal. Of these, the police registered cases in only 832 instances.”

Orissa Chief Minister Naveen Patnaik filed a written admission in the Orissa Assembly in November 2009 in which he said 85 members of the Hindu extremist Rashtriya Swayamsevak Sangh (RSS), 321 persons of Hindu nationalist umbrella group Vishwa Hindu Parishad (VHP) and 118 persons of Hindu extremist youth wing, the Bajrang Dal, had been arrested for their involvement in the Kandhamal riots.

While the government says that situation is normalizing in Kandhamal, Christian leader like Dr. John Dayal give a different story.

“While it is possible to visit one half of the district of Kandhamal and discover only peace, it is the other half of the district which speaks of the continuing tyranny,” he said. “The bloodshed has stopped because of belated police action, but the miscarriage of justice and the lost peace continue to haunt thousands of people who have not been able to go back to their homes for fear of their lives. Thousands of children cannot go to school, especially the girls. What is worse is that many girls have been trafficked.”

The district collector banned all Christian organizations from coming to the district to bring aid to victims after the 2008 violence, he added, “and it took an appeal to the Supreme Court of India by the archbishop of Bhubaneswar for much needed relief to be given to the people in the then refugee camps.”

He expressed doubts about the government portrait of normalcy in Kandhamal.

“Even if the church does its best, only half of the 5,600 or so houses burned to the ground will ever be rebuilt,” he said. “The district collector and other officers of the civil and police system who are guilty of gross dereliction of duty continue to be in control. Thousands of men continue to be without jobs. Is this normalcy?”

Firebrand Arrested

On March 20, a controversial leader of the VHP, Praveen Togadia, was arrested as he tried to defy orders prohibiting him from entering Kandhamal. Togadia had played a major role in whipping up passions among the Hindus of Kandhamal after the killing of Saraswati.

Togadia had led a procession with the body of Saraswati through different areas of the district for more than 100 kilometers, sparking off or intensifying violence against Christians.

The government of Orissa came under heavy fire from civil society for allowing the procession, and on the latest occasion the local administration was careful to detain Togadia under the Section 151 of the Code of Criminal Procedure, which provides for authorities to make arrests to prevent potential offenses. Togadia was later released on bail.

Togadia termed the prohibition on his visit a “ban” that was “illegal and undemocratic.” In response to the “ban” on Togadia, the Hindu extremist Sangh Parivar and the BJP protested with a 12-hour bandh (shut down) in Kandhamal on March 20, while the VHP held demonstrations in Bhubaneswar, Berhampur, Bolangir, Sambalpur and Cuttack. VHP also blocked National Highway 217 for one hour and burned an effigy of Chief Minister Patnaik.

“The state government didn’t stop foreign missionaries from going to tribal areas of Kandhamal and other parts of Orissa,” VHP leader Swadesh Pal Gupta said. “They were being provided with full support and freedom. But when a leader who is an International Secretary General of VHP tries to go to Kandhamal, the government stopped him. We are staging a nationwide protest against this.”

Report from Compass Direct News 

Convictions Few in Anti-Christian Violence in Orissa, India

BJP legislator, a key suspect in Kandhamal violence, acquitted again and out on bail.

NEW DELHI, November 11 (CDN) — Following six acquittals last week in trials for those accused of the 2008 anti-Christian violence in India’s Orissa state and the release on bail of a key suspect, Christians are losing heart to strive for justice, according to a prosecuting attorney.

The acquittal of six suspects last week raises the total to 121, with just 27 convicted in the Orissa violence by Hindu extremists.

“The victims are so discouraged due to the increasing number of acquittals that they neither have hope nor motivation for the criminal revision of their cases in the higher court,” attorney Bibhu Dutta Das of the Orissa High Court told Compass.

He said the acquittals are the result of defective investigations carried out by police.

“This has been done intentionally, to cover-up the fundamentalists,” he said.

Das said that in many cases police fraudulently misrepresented the ages of culprits so that the ages of the accused in court would not match the age denoted in the victims’ First Information Reports, leaving the court no option but to let the alleged culprits go.

“There can be two persons by the same name, so age is a major identification factor that is considered,” said Das.

Christian leaders in Orissa said the state government’s claims of justice for the victims of the anti-Christian violence ring hollow as the number of acquittals is far more than convictions.

An Orissa state Member of Legislative Assembly (MLA) who was facing charges in 14 cases of “murder, burnings and assaults” in last year’s Kandhamal district violence against Christians has been released on bail in one of the murder cases.

Manoj Pradhan, MLA from the Hindu extremist Bharatiya Janata Party (BJP) in G. Udayagiri block, faces a murder charge in a slaying in Tiangia village. The Orissa High Court awarded him bail in the case, and he was released from Phulbani jail on Oct. 30.

On that day he was also acquitted of arson in a house-burning in Banjamaha village due to “lack of evidence.” In trials relating to the Orissa violence of August-September 2008, the Hindu extremist perpetrators have reportedly intimidated many witnesses to keep them from testifying.

“With Manoj Pradhan, who has charges of murder against him, released on bail, this is a big threat to the witnesses of cases against him,” attorney Das told Compass.

If Pradhan remains free, Das said, he likely will be acquitted in all other cases as he will be able to threaten witnesses.

“Pradhan is already acquitted in six cases, whereas eight cases are still pending against him,” Das said.

Special Public Prosecutor Bijay Pattnaik told reporters that Pradhan was acquitted of the arson charge as only one witness stepped forward.

“He was let off for want of evidence as there was a lone witness in the case,” Pattnaik said. “Only the victim testified in the case, and the charges against Pradhan could not be proved.”

Fast Track Court-I Judge Sobhan Kumar Das on Oct. 30 acquitted Pradhan of the house burning, which took place on Oct. 1, 2008. Earlier Pradhan was acquitted in two murder trials due to “lack of evidence.”

In another 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 MLA from the G. Udayagiri constituency while in jail.

Three Years of Prison

On Oct. 29 a fast track court at Phulbani sentenced three persons to three years rigorous imprisonment for destroying evidence in the murder of a man during the 2008 attacks in Kandhamal. Judge Das also imposed a fine of 1,000 rupees (US$21) each on Senapati Pradhan, 65, Revenswar Pradhan and Tidinja Pradhan, both 62. Failure to pay the fine would result in an additional three months of prison.

The three men were charged along with seven others for killing tribal elder Sidheswar Pradhan in the village of Solesoru, Tikabali block, on Aug. 25, 2008. 

Prosecutors said the three men clubbed Sidheswar Pradhan to death in front of villagers and family members, and that his body was set on fire. But the Judge Das convicted the three only of destruction of evidence in the case, exonerating them of the murder charges saying, “It could not be proved.”

Padisti Nayak, a 65-year-old widow, was reportedly burned alive on the same day. She had stayed back and not fled even after hearing the news of violence against Christians, believing the attackers would not harm an elderly woman.

Twelve days later Iswar Digal, her son-in-law who had fled to a refugee camp, contacted a district magistrate for information about her. When authorities inspected the family’s gutted home in Solesoru, they found only charred human remains, flesh and bones, which they collected as evidence of the violence.

The court acquitted the other seven of all charges due to lack of evidence against them.

Nabijini Pradhan, nephew of Sidheswar Pradhan, told Asia News that his family has since been receiving death threats.

“I cannot believe the murderers were acquitted,” he reportedly said. “Our family is at risk; we are getting death threats; they want to eliminate us. They killed and burned my uncle’s body to destroy every shred of evidence.”

Human rights activist Dhirendra Panda, a Hindu, told Asia News that some investigators are linked to Hindu extremists.

“Justice has been derailed, and some investigators are linked to the Sangh Parivar extremists,” Panda reportedly said. “They are determined to protect the accused, willing to manipulate cases rather than ensure justice for victims. Now not only are the religious rights of the population undermined, but also the core values of humanity and democracy.”

Report from Compass Direct News 

Christians Concerned over Acquittals in Orissa, India Violence

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Shoddy Probe, Lack of Evidence

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SIDEBAR

First Life Sentences Handed Down for Orissa, India Killing

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

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

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

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

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

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

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

Report from Compass Direct News 

Wheels of Justice Begin Turning in Orissa Violence

Six sentenced for anti-Christian rampage; tensions persist.

NEW DELHI, September 10 (CDN) — A fast-track court in Orissa state on Monday (Sept. 7) sentenced six people to four years of “rigorous imprisonment” and a fine of 2,000 rupees (US$41) each for their role in anti-Christian violence in the state’s Kandhamal district a year ago.

The court in Phulbani ordered them to remain in prison another three months if they are unable to pay the fine. Additional Sessions Judge Shobhan Kumar Das announced they were convicted of setting Christian houses on fire and engaging in unlawful assembly by defying curfew.

Following the assassination of a Hindu leader on Aug. 23, 2008, Kandhamal district was the epicenter of nearly three months of violence by Hindu extremists that killed at least 100 people and burned more than 4,500 houses and over 250 churches and 13 educational institutions; 50,000 people were displaced. Although Maoists took responsibility for the assassination, Hindu extremists blamed Christians in order to ignite large-scale violence on the minority community.

Sentenced on Monday were Kiringa Kanhar, Lasia Kanhar, Gananath Kanhar, Lankeswar Kanhar, Naresh Kanhar and Gorekh Pradhan. Police had charged 11 people, all residents of Tambasuga village, for burning the houses of Ladada Kanhar and his two sons in the same village in August of last year. The court acquitted five of them for lack of evidence.

The government has set up two fast-track courts at Phulbani, Kandhamal district to bring justice to the victims of violence. A total of 831 cases of violence have reportedly been filed.

“The police have dropped around 300 First Investigation Reports out of the 800-odd cases due to various reasons like lack of evidence,” Orissa High Court attorney Bibhu Dutta Das told Compass. 

On June 30, Fast Track Court-II had convicted and sentenced Chakra Mallick of Gochhapada for his involvement in the violence. Mallick was sentenced to four years in prison and a fine of 4,000 rupees (US$82). At the same time, 15 others were acquitted due to lack of evidence.

In addition, Fast Track Court-I had sentenced five people – Bisra Kanhar, Durbasha Kanhar, Rabi Kanhar, Gupteswar Kanhar and Naresh Kanhar of Salaguda village – to six years of prison and a fine of 6,000 rupees (US$123) each.

With the conviction of the six people on Sept. 7, the total number of convictions for the violence increased to 12, while at least 42 others have been acquitted.

Police reportedly arrested 680 persons for their alleged involvement in the violence, and 10,000 people were named in 827 cases registered during the anti-Christian rampage last August. Charge sheets have been filed in 437 cases, with investigations underway in another 354 incidents including the rape of a nun, Director General of Police Manmohan Praharaj told media.

The two Fast Track courts are expected to deliver more verdicts soon. But attorney Das told Compass that the two judges assigned to the Fast Track courts are capable of taking on more cases than they have so far; he predicted they would see an increase soon.

“We will request the [Orissa] High Court to intervene in this situation so that police can speed up investigations,” Das said.

Kandhamal District Collector Krishan Kumar said investigations had already concluded in two-thirds of all cases submitted to police, and that charge sheets had been filed.

“Ten to 12 people have already been convicted in the span of one year,” he said. “This shows that the Orissa government is very serious about justice.”

Fearful Witnesses Attorney Das told Compass that the distance between the Phulbani court and the villages of witnesses is 70 to 80 kilometers (nearly 50 miles), and that they refuse to attend hearings because they have not been provided security.

“Only after a warrant is issued by the court to the witness do they appear before the court,” he said, “for in that case the police usually accompany them to the court since it is a warrant.”

District Collector Kumar told Compass that no witnesses had filed First Information Reports asking for police protection.

“If anybody asks for protection, it will be given to them,” he said.

The state government has shut down the last of the relief camps for victims of the violence that began after the assassination of a Vishwa Hindu Parishad (World Hindu Council or VHP) leader Swami Laxmanananda Saraswati and four of his disciples at his Jalespata ashram (religious hermitage) in Kandhamal district on Aug. 23, 2008.

The last two camps at Tiangia and Mandakia had housed some 700 refugees from the violence. The government had set up 14 relief camps in Kandhamal alone to accommodate the thousands of people who came in searching for shelter; the violence eventually spread to 14 of Orissa’s 30 districts.

A relief camp in Tikabali in Kandhamal district was shut down on July 27, and when 35 families from there finally returned to their village of Bodimunda on Aug. 29, Hindu extremists attacked them at night. They damaged their tents, and fighting erupted as Christians tried to defend themselves.

“The superintendent of police of that area was informed, and the police intervened on time,” District Collector Kumar told Compass. “There were no casualties, and no one was hurt.”

Report from Compass Direct News