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

Recent Incidents of Persecution

Uttar Pradesh, India, September 29 (CDN) — Hindu extremists chased a pastor into hiding on Sept. 19 in Lucknow. The All India Christian Council (AICC) reported that hardliners from the Rashtriya Swayamsevak Sangh, Vishwa Hindu Parishad ( World Hindu Council or VHP), Bharatiya Janata Party and Bajrang Dal (youth wing of the VHP) accused Pastor Bechu Azah Chhedi of forceful conversions as they arrived in large number at his church in Ramdaspur village and disrupted the worship service. The same group has attacked the pastor three times, reported AICC, and local Christians who found out about the extremists’ plan hid him. The pastor has relocated for safety.

Jammu and Kashmir – Police detained Pastor Salamat Masih and three others on false charges of forceful conversion on Sept. 17 in Hira Nagar. The Global Council of Indian Christians reported that Hindu extremists from the Shiv Sena (Religious Army) beat the pastor and falsely accused him of offering 10,000 rupees (US$207) to each of three converts from Hinduism about to be baptized. Police arrived and took the pastor and the three others to the police station, keeping them in custody for two days as a safety measure; local people incited by the extremists were eager to attack them, reported a source. No case was filed against the pastor after the intervention of local Christian leaders.

Andhra Pradesh – About 10 Hindu extremists on Sept. 13 attacked a worship meeting of Opier Ministries Evangelical Church in Warangal, beating a pastor. The All India Christian Council (AICC) reported that around 1 p.m., the intolerant Hindus barged into the worship service conducted by Pastor Pilly Kumar, verbally abused and beat him, and destroyed a sign board bearing the church’s name. The pastor filed a police complaint, but officers refused to register a case. In May the extremists had warned the pastor not to conduct worship services in the area, reported the AICC.

Madhya Pradesh – Police arrested eight Christians from Blessing Youth Mission (BYM) under the state’s anti-conversion law on Sept. 12 in Katni. A source reported that Christians, including women, were on their way to visit their children at a BYM hostel. They were waiting on the railway platform when, as a Christian worker scheduled to pick them up arrived, railway police arrived and accused them of forceful conversion, blasphemy against Hindu gods and creating havoc. The charges included “deliberate and malicious acts intended to outrage religious feelings of others with acts done by several persons in furtherance of common intention.” The Christians were detained for about 20 hours and released on bail.

Karnataka – A group of unidentified men attacked St. Francis De Sales Church near Hebbagudi, Bangalore early on the morning of Sept. 10. The Global Council of Indian Christians (GCIC) reported that the men were carrying weapons and broke into the building, damaging windows. The Press Trust of India reported that statues of Infant Jesus and Mother Mary on the premises were damaged. The group also tried to burn a van parked in front of the church building. Damages were estimated at about 200,000 rupees (US$4,144), reported the GCIC. The church has filed a complaint and a First Information Report at Hebbagudi police station. Last year Karnataka, ruled by the Hindu extremist Bharatiya Janata Party, faced a series of attacks on churches in Mangalore, Bangalore, Davanagere, Kodagu and other towns.

Karnataka – Hindu extremists from the Rashtriya Swayamsevak Sangh and Shiv Sena (Religious Army) on Sept. 10 attacked a pastor identified only as Ramanjaniah, accused him of cheating people and of forceful conversion, then beat him and paraded him on the street in Tumkur. The Global Council of Indian Christian reported that the pastor was conducting a prayer meeting at a Christian’s house when the intolerant Hindus stormed into the house and assaulted him. They tore a Bible and beat, punched and kicked the pastor and continued beating him as they dragged him about one kilometer. The pastor received hospital treatment for fractures in his face and leg. The extremists pressured police to restrain the pastor from future preaching, but officers only requested the pastor inform them before he conducts worship. They promised police protection should he require it.

Madhya Pradesh – Police arrested a Christian worker for “preaching to forcefully convert people to Christianity” based on a complaint filed by the Hindu extremist Rashtriya Swayamsevak Sangh (RSS) on Sept. 8 in Barwani district. Sources reported that the RSS members dragged Gopi Krishnan of Friends Missionaries Prayer Band (FMPB) to the police station to file the complaint against him. The police booked him for joining in an assembly of more than five people after being commanded to disperse, and of abetment of the offense. Krishnan appeared before the sub-divisional magistrate the next day and was sent to Barwani district jail. He was granted bail on Sept. 10. FMPB representative Ravi Kumar told Compass that RSS members are pressuring Krishnan to leave his house before Sept. 30 or face harm. The Christian is scheduled to appear before a magistrate on Nov. 9. Local Christian leaders maintained that preaching to “forcefully convert” people does not take place in the area.

Rajasthan – About 30 Hindu extremists on Sept. 4 assaulted two Christian workers from Gospel for Asia and chased them into the jungle near Banswada. Sources reported that the extremists waylaid the two Christians as they were returning from a prayer meeting and viciously beat them and verbally abused them. The Christians fled and hid in the nearby forest. A Christian search team found the duo at midnight and gave them shelter. A Gospel for Asia representative said their names could not be disclosed for security reasons.

Orissa – Suspected Hindu extremists armed with country pistols and swords on Sept. 3 attacked Pastor Isaac Digal of Good Shepherd Community Church for holding a worship service in his house – beating him, his wife and daughter and ransacking his home in Kandhamal. The All India Christian Council reported that the extremists also took his mobile phone, bank book and ATM card. The Hindu extremists had reportedly made an earlier attempt to destroy his house and had threatened him several times. Police arrived at the scene, and the pastor filed a complaint. No arrests had been made at press time.

Andhra Pradesh – About 30 Hindu extremists attacked a pastor and a church on Aug. 30 in Mudinepalli. The All India Christian Council reported the Hindu extremists installed a microphone on the roof of the church building, and a Hindu idol in front it, as part of the Hindu Ganesh festival. Pastor Solomon Raju asked the extremists and a local official to move the mike to some other place, with the Hindu hardliners responding by disrupting the Sunday worship service and beating the pastor. He filed a police complaint. No arrests had been made at press time.

Report from Compass Direct News 

Karnataka Top in Attacks on Christians in India

Through August, more violence against Christians reported in state than in any other.

NEW DELHI, September 21 (CDN) — With at least 43 incidents of anti-Christian violence, Karnataka saw more attacks on Christians in the first eight months of this year than any other state in India, according to advocacy organizations.

The figure compares with 35 attacks on churches, worship services and Christians during the same period last year in the state, which has become the center of violence against Christians. The states with the next highest incidents of anti-Christian violence from January through August this year were Andhra Pradesh with 14 and Madhya Pradesh with 11, according to figures from the Global Council of Indian Christians (GCIC) and the All India Christian Council.

Former Chief Minister of Karnataka H.D. Kumaraswamy on Sept. 11 called on Gov. H.R. Bhardwaj to rein in abuses by the state’s Bharatiya Janata Party (BJP) government to ensure that law and order is maintained, reported the GCIC. In several districts of Karnataka during the first eight months of the year, local authorities allowed Hindu extremists to beat pastors, disrupt prayer meetings and worship services, and burn, vandalize, demolish or shut down prayer halls.

After August last year the number of violent incidents against Christians in Karnataka raced up, with a total of 112 attacks on Christians in 2008, and the Christian community fears a repeat of hostilities.

Kumaraswamy noted that a Sept. 10 attack on St. Francis De Sales Church at Hebbagudi, on the outskirts of Bangalore, came just days after Gov. Bhardwaj voiced concern over the security of minorities in the state. Armed attackers broke into the church, damaged statues and other items, smashed windows and destroyed a house behind the building, according to the Evangelical Fellowship of India. Church damages were estimated at 200,000 rupees (US$4,173).

“It is unfortunate that the government did not take any action to curb communal menace even after your caution,” Kumaraswamy wrote in a memorandum to the governor, adding that Gov. Bhardwaj was constitutionally bound to stop state security personnel from violating the law.

The former chief minister said he felt that the attack on the church, located close to the Hebbagudi police station on a busy road, reflected growing religious intolerance and tension in the state, and he criticized Home Minister V.S. Acharya for terming the attack a “minor incident.”

Archbishop of Bangalore Bernard Moras told Compass that past experience leaves him little hope for future justice.

“The state government has promised to make an immediate inquiry into the recent church attack in Hebbagudi, but nothing has been done so far, and we have no results whatsoever from the Justice B.K. Somashekar Commission of Inquiry made into church attacks last year,” he said. “Sad as it is, we feel that justice delayed is justice denied.”

Former chief minister Kumaraswamy has demanded a Central Bureau of Investigation (CBI) probe into attacks on prayer halls in the state. The leader of the opposition in the state Legislative Assembly, Siddaramaiah (who goes by a single name), has also demanded a CBI inquiry into all attacks on minorities and places of worship. The Hindu reported that he had asked state Chief Minister B.S. Yeddyurappa to stop blaming others for the mistakes of his government.

Siddaramaiah told media on Sept. 13 that members of the Hindu extremist Sangh Parivar were involved in the attacks on churches.

“The BJP government led by B.S. Yeddyurappa has failed to take action against those involved in these incidents that created unrest in society, and now the chief minister is blaming others for the mistakes committed by his government, which has resulted in a law-and-order problem in the state,” he said.

The Hindu reported Siddaramaiah as saying that in an effort to cover up their mistakes, the chief minister and his cabinet dismissed the accusations as efforts to topple his government.

“If the chief minister has any proof to support his statements, let him hand over the issue to the CBI,” Siddaramaiah added. “The truth will be out.”

Prime Minister Manmohan Singh also recently remarked that Karnataka has witnessed a number of incidents of communal violence this year.

“What is more worrisome is that the incidents were not limited to one or two districts,” Singh said in comments that Chief Minister Yedduyurappa brushed off as untrue; the chief minister referred to the violence as a “few stray incidents” that were “blown out of proportion.”

Tensions are high in the districts of Davangere, Mangalore, Bangalore, and also potentially volatile are the districts of Chickmagalur, Chitradurga, Belgaum, Tumkur, Udupi, Shimago, Bagalkot, Dharwad and Kodagu, reported the GCIC.

Chief Minister Yeddyurappa reportedly has instructed police to provide security at all religious venues and directed them to take steps to take preventative measures. City Police Commissioner Shankar Bidari has reportedly said the chief minister ordered security officers to deal sternly with those involved in incidents of religious violence.

The Bangalore Rural police on Sept. 12 reportedly handed over the investigation of the attack on St. Francis De Sales to the Criminal Investigation Department.

Attempted Anti-Conversion Law

Foremost among priorities of the Hindu nationalist BJP when it came to power in Karnataka last year was to introduce the kind of “anti-conversion” law that has provided the pretext for anti- Christian violence in other states.

Alarmed by what they said was an increase in conversions to Christianity, six prominent Hindu leaders on June 25 said that they had urged Chief Minister Yedduyurappa to introduce “anti-conversion” laws similar to those of Madhya Pradesh and Orissa, reported The Hindu. Passage of an anti-conversion bill has been left hanging, however, with negative publicity over communal violence and Christian protests against such a bill.

Such laws are designed to thwart forcible or fraudulent conversion, but they are popularly misunderstood as criminalizing conversion in general. The laws seek to curb religious conversions made by “force, fraud or allurement,” but human rights groups say they obstruct conversion generally as Hindu nationalists invoke them to harass Christians with spurious arrests and incarcerations.

Anti-conversion laws are in force in five states – Orissa, Madhya Pradesh, Chhattisgarh, Himachal Pradesh and Gujarat – and its implementation is awaited in the states of Arunachal Pradesh and Rajasthan. Several cases against Christians have been filed under various anti-conversion laws in Madhya Pradesh, Chhattisgarh and Orissa, but no one has been convicted in more than four decades since such laws were enacted.

Naveen Kumar of the Federation of Christian Churches and Organizations told Compass that Christians from different districts in Karnataka have come out in protest against such a bill since August of 2008. The Christians believe that the passing of an anti-conversion bill in the state would heighten atrocities against them.

Of the 52.8 million people in Karnataka, Christians number slightly more than 1 million.

Report from Compass Direct News