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


Two Christian teenager boys, who had received gunshot wounds from police’s alleged firing on April 22 amid protest of Christians against chalking of church wall with slogans commending Taliban have died from their injuries, ANS has learnt.

The deceased have been identified as Imran Masih, 13 and Intikhab Masih, 18.

Former Member of Provincial Assembly Sindh, Michael Javaid told ANS that militants had allegedly forced Christian residents of Taseer town to shout slogans “Taliban Zindabad” Long Live Taliban and “Islam Zindabad” Long Live Islam.

He said when Christian residents refused to chant slogans the miscreants made forcible entry into the church.

They desecrated Bible, manhandled Christian men and women, robbed Christian residents of cash and other valuables, said Javaid.

ANS has learnt that Ms Shermila Farooqi, advisor to Chief Minister Sindh, Syed Qaim Ali Shah, Anwar Laldin, Special Assistant to Chief Minister Sindh, Stephen Asif, Member of Provincial Assembly Sindh, Mr. Saleem Khokhar, Member Provincial Assembly Sindh, Mr. Michael Javaid, former member of provincial assembly Sindh, government officials including Mr Kamran Dost, Special Home Secretary Government of Sindh, Deputy Inspector General of Police Karachi (Operation) and Director General Rangers also visited the affected area on April 24.

“It is sad that peaceful Christian community has been attacked by militants. Justice will be done and culprits will be arrested soon,” Michael quoted Shermila as telling affected Christians.

A committee has been formed to probe the April 22 incident.

Speaking to Christian residents of Taseer town Michael Javaid questioned opening of fire on Christians by militants in presence of rangers and police officials.

Condemning April 22 incident, he said Christians would not tolerate any repeat of such a gruesome incident. He also demanded that the gvernment should provide security and protection to Christians and called for compensation to be paid to the Christians who had been affected.

Report from the Christian Telegraph


Two Christians in Chhattisgarh forced to beat fellow believer unconscious under threat of death.

NEW DELHI, October 13 (Compass Direct News) – The Christian community of Chhattisgarh state is rattled after a gruesome mob attack and torture in Surguja district.

At midnight on Oct. 3 in Dumarbhavna village, 110 kilometers (68 miles) from Premnagar, three jeeps full of Hindu nationalists broke open the door of a house where a three-day prayer meeting was taking place and attacked participants as they slept – ultimately forcing two Christians to beat one of their own prayer partners unconscious under threat of death.

The mob from the Hindu extremist Dharma Sena (Religious Army) beat the participants in the prayer meeting, including women, and dragged three of them from the house of Parmeshwar Beik, dumping them into the jeeps.

“We thought that they were taken to the police station, but instead they were taken to a secluded place where they were beaten all night,” Yahoshu Kujur, pastor of Blessing Church of God, told Compass.

Muneshwar Ekka and Beik were beaten first, and then the Hindu nationalists ordered them to beat the third captured Christian, Ravi Devangan.

“They threatened to kill us if we did not beat Ravi,” Beik told Pastor Kujur. “We were so scared and left with no option, so we beat Ravi until he dropped unconscious.”

After failing to find the three Christians at the local police station the next morning, the pastor found them at the Srinagar Government Hospital, where Devangan was admitted with internal injuries and injuries to his chest, legs and other parts of the body.

“Ravi, who is a driver by profession, was just visiting Parmeshwar from Mehagai village,” Pastor Kujur said. “He was the worst hit, at home and outside during the attack.”

He added that Devangan’s wife witnessed the attack on the house.


Police Inaction

Pastor Kujur told Compass that police admitted all three kidnapped Christians to the Srinagar Government Hospital with Devangan in serious condition and the other two in shock.

Beik’s wife also sustained internal injuries during the attack, Pastor Kujur said.

“Mr. Ashok Sahu and four other local Christian leaders went on the morning of Oct. 4 and reported the matter at the police station, but so far no action has been taken,” the pastor said.

Police reportedly deceived local Christians into believing that no complaint would be filed against the prayer team members for “forced conversion” if they would agree not to file any complaints against the Hindu nationalists.

“They told us that they would set the three free if we did that,” Pastor Kujur told Compass.

Instead police registered a case of “forced conversion” against the three Christians under sections 3 and 4 of the Chhattisgarh Dharma Swantantraya Adhiniyam (Chhattisgarh Freedom of Religion Bill).

If convicted, the Christians could be sentenced up to a year in prison and/or pay a fine of up to 5,000 rupees (US$100). They appeared in Surajpur local court on Oct. 6. A fourth Christian, Fakir Chand Toppo, was also falsely implicated, Pastor Kujur said.

At press time all four Christians were in Surajpur jail, though attempts to secure bail for them continued.


Political Influence

Pastor Kujur said police officers who are friends of his informed him that police were forced to prosecute the Christians on “orders from above.”

Internal police sources told him, he added, that police in the state were working against Christians under Bharatiya Janata Party (BJP) pressure that has the support of the Chief Minister Raman Singh.

Christians from Surajpur have received news from sources who wish to remain anonymous that, emboldened by the BJP government that rules the state, Hindu nationalists have announced a cash award of 100,000 rupees (US$2,092) to anyone who murders a Christian preacher.

In Premnagar, also in Surguja district, Hindu extremist mobs have mounted similar attacks, Pastor Kujur said. He told Compass that in 2004 a Christian convention was attacked during which a mob surrounded the venue and shouted anti-Christian slogans. Police intervention averted casualties.

In another incident in 2005, Hindu extremists incited villagers of Premnagar to attack local Christians, reportedly wounding many.

The Dharma Sena was relatively unknown until nearly three years ago, emerging suddenly in the central Indian states of Madhya Pradesh and Chhattisgarh.

Attacking Christians throughout the two states, the Hindus extremist group is reportedly backed heavily by the BJP, with BJP leaders pressuring police officials not to register any First Information Reports against it.

It is widely believed that the Dharma Sena is nothing more than the Hindu extremist youth group Bajrang Dal in another form.

Report from Compass Direct News