Nepal Christians Begin Legal Battle for Burial Ground


Hindu group declares country a Hindu state; upper castes seek halt to conversions.

KATHMANDU, Nepal, April 19 (CDN) — With the government refusing to listen to their three-year plea for an official cemetery and ignoring a protracted hunger strike, Nepal’s Christians are now seeking redress from the Supreme Court.

“Every day there are two to three deaths in the community, and with each death we face a hard time with the burial,” said Chari Bahadur Gahatraj, a pastor who filed a petition in the high court on March 13 asking it to intervene as authorities of Nepal’s oldest Hindu temple had begun demolishing the graves of Christians there.

Gahatraj and Man Bahadur Khatri are both members of the newly formed Christian Burial Ground Prayer and National Struggle Committee that since last month began leading a relay hunger strike in a public area of the capital, asking for a graveyard. They said they were forced to go to court after the Pashupati Area Development Trust (PADT), which runs Nepal’s oldest Hindu shrine, the Pashupatinath temple, said it would no longer allow non-Hindus to use the temple’s forested land.

“We don’t want to hurt the sentiments of any community,” Gahatraj told Compass. “Nor are we trying to grab the land owned by a temple. We are ready to accept any plot given to us. All we are asking for is that the burials be allowed till we get an alternate site.”

Judge Awadhesh Kumar Yadav has since ordered the government and PADT not to prevent Christians from using the forest for burials until the dispute is resolved. The legal battle, however, now involves a counter-suit. Hindu activist Bharat Jangam filed a second writ on March 20, saying that since the forest was the property of a Hindu temple, non-Hindus should not be allowed to bury their dead there just as churches do not allow Hindu burials.

Subsequently, the court decided to hear the two petitions together, and yesterday (April 18), the hearings began. While two lawyers argued on behalf of Gahatraj and Khatri, a cohort of 15 lawyers spoke against their petition. The next hearing is scheduled for May 3.

Along with the legal battle, Christians have kept up their relay hunger strike. To step up pressure on the government, the protestors also announced they would lead a funeral march to the offices of the prime minister and the culture minister and hand over coffins to them as a symbolic protest. If that too failed, they warned they would have no option but to go on hunger strike in front of the prime minister’s office and parliament, this time carrying dead bodies with them.

Alarmed at the rate the issue was snowballing, the government finally responded. Yesterday Culture Minister Gangalal Tuladhar opened talks with the protestors, agreeing to continue the negotiations after three days. The government also formed a four-member committee to look into the demand. Currently, Christians are asking for cemetery land in all 75 districts of Nepal.

Protestors were wary of the government’s intent in the overture.

“This could be a ploy to buy time and bury the issue,” said a member of the Christian committee formed to advise parliament on drafting the new constitution, who requested anonymity.

Though the committee formed to look into the Christians’ demand for burial land has been asked to present a report within two weeks, Christians suspect the panel is dragging its feet.

“The new constitution has to be promulgated by May 28, but it does not seem likely that the main political parties will be able to accomplish the task,” the Christian committee member said. “And if the constitution doesn’t materialize in time, there will be a crisis and our problem will be shelved.”

 

Hindu Nation

Adding to their unease, Christians are now facing a redoubled campaign by Hindu groups for the restoration of Hinduism as the state religion, five years after parliament declared Nepal, the world’s only Hindu kingdom, secular.

If the new constitution had been promulgated last year, it would have consolidated secularism in Nepal. But with the country missing the deadline due to protracted power-sharing rows among the major political parties, Christians still feel under threat.

On Thursday (April 14), when the country celebrated the start of the indigenous new year 2068 with a public holiday, the Rastriya Prajatantra Party-Nepal, which seeks the reinstatement of Hinduism as the state religion, kicked off a campaign at the Bhadrakali temple in Kathmandu. As curious onlookers and soldiers patrolling the nearby army headquarters looked on, party members fervently blew into conch shells and rang bells to draw people’s attention to their demand.

The party, which is also seeking the restoration of monarchy, took some oblique shots at the Christian community as well.

“There is a deliberate and systematic attempt by organizations to convert Hindus,” said Kamal Thapa, party chief and a former minister. “These organizations are guided by foreign powers and foreign funds. If the widespread conversion of Hindus is not stopped immediately, we will have to take stern measures.”

Three days later, an umbrella of Hindu groups – the Rastriya Dharma Jagaran Mahasabha (the National Religion Resurrection Conference) held a massive gathering in the capital, declaring Nepal a “Hindu state” and meeting with no official objection. The proclamation came as the climax to a three-day public program calling for the restoration of “the traditional Hindu state.” Several Hindu preachers and scholars from neighboring India attended the program, held on the grounds of the Pashupatinath temple, which is also a UNESCO-declared World Heritage Site.

The “Hindu state” proclamation was the brainchild of Shankar Prasad Pandey, a former member of parliament from Nepali Congress, the second largest party in Nepal, now in opposition. Though Pandey was a sitting Member of Parliament in 2006, when the body unanimously declared Nepal secular, he began opposing the move soon afterwards, leading four campaigns against it nationwide.

“I consider the nation and the Hindu religion to be more important than the party,” said Pandey, known as the MP who began to go barefoot 32 years ago to show solidarity with Nepalese, who are among the poorest in the world. “Over 90 percent of the Nepalese want Nepal to be a Hindu state. However, the government is led by people whose only concern is power and money.”

Pandey’s campaign is supported by Hindu groups from India and the West: Narendranath Saraswati, who is the Shankaracharya or religious head of a prominent Hindu shrine in India’s Varanasi city; Dr. Tilak Chaitanya, chief of a group in the United Kingdom that propagates the Gita, the holy book of the Hindus; and Tahal Kishore, head of a Hindu organization, Radha Krishna Sevashram, in the United States.

Two weeks before the May 28 deadline for the new constitution, Pandey and his followers plan to step up the campaign for a “Hindu state” in the capital. Though Pandey denies it could stir up animosity between the majority-Hindus and Christians – whose minority population is said to have crossed 2 million but is actually only 850,801, according to Operation World – there are fears of religious tension if not outright violence.

The Hindu rallies continue to grow as a pressure tactic. Yesterday (April 18), members of Nepal Brahman Samaj, an organization of “upper castes” from whose echelons temple priests are appointed, fought with security forces in front of parliament house, demanding their rights be respected and an end to conversions.

More Hindutva (Hindu nationalist) campaigning is scheduled on April 29, when the Rastriya Prajatantra Party-Nepal’s Thapa has called for a mass gathering in the capital.  

Report from Compass Direct News
http://www.compassdirect.org

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

Murder of Governor in Pakistan Darkens ‘Blasphemy’ Case


Assassination called a blow to prospects of justice for Christian mother on death row.

LAHORE, Pakistan, January 5 (CDN) — The case of Asia Noreen, the first Christian woman sentenced to death in Pakistan on blasphemy charges, suffered a major setback when her most vocal supporter, the governor of Punjab Province, was gunned down by one of his police bodyguards yesterday (Jan. 4) in Islamabad.

The lives of Noreen and Gov. Salman Taseer were at risk since the day he, his wife and daughter visited her in the Sheikhupura District Jail on Nov. 22, after news of her conviction appeared in the media.

Taseer had openly criticized the blasphemy statutes and vowed to try to repeal the “black laws” in parliament. He also promised Noreen (also called Asia Bibi) that he would recommend a presidential pardon for her.

The governor’s assurance and his support for Noreen gave new hope to the impoverished mother of two children and step-mother to three others – and drew violent condemnation from Islamist forces, sparking countrywide protests.

“The governor’s visit gave us hope that all was not lost,” Sohail Johnson of Sharing Life Ministries Pakistan, which has pursued Noreen’s case from the onset, told Compass. “We believed that God had sent the governor to help us … his words of support boosted Noreen’s morale, and she was actually quite optimistic about the outcome of her appeal in the high court.”

He said the murder of Taseer in broad daylight had shocked all those opposing the blasphemy laws, and that “there is little hope of these laws ever being repealed.”

Johnson confirmed that Noreen’s life was at high risk ever since the governor had highlighted her case.

“The local Islamist forces believed that President [Asif Ali] Zardari would pardon Noreen on Taseer’s recommendation, and this was unacceptable to them,” said Johnson, confirming that intelligence agencies had determined that Islamists had plotted to kill Noreen inside jail to make an example of her. “Noreen was earlier allowed two hours in the morning and two in the evening to go outside her cell to relax. After the intelligence information, the jail authorities restricted her movement, and now she is kept in the cell at all times. A security guard has also been deployed with her.”

He added that news of the assassination of the governor would surely panic the Christian woman.

Johnson said Noreen’s appeal of her conviction had yet to be taken up for hearing by the Lahore High Court, but that the murder would definitely affect the course of justice. “The governor’s brutal murder has diminished our hopes for justice for Noreen,” he said.

Her family, he said, has been in hiding since Islamist parties started protests in favor of the blasphemy laws.

“Even I am keeping a low profile these days,” Johnson said.

Taseer and Noreen were declared “Wajibul Qatil” (liable to be killed) by radical Islamic clerics. A cleric in Peshawar and a local politician in Multan offered a combined sum of 50 million rupees (US$579,300) for anyone who killed Taseer and Noreen.

Protests, shut-down strikes and general uproar pressured Pakistan’s federal government to announce that the blasphemy laws would not be repealed.

Taseer, however, continued to publicly vent his opposition – even using Twitter – to the blasphemy laws, which effectively mandate death for anyone convicted of insulting Muhammad, the prophet of Islam. Although courts typically overturn convictions, and no executions have been carried out, rights activists say the laws are used to settle rivalries and persecute religious minorities.

On Friday (Dec. 31), Taseer had tweeted “I was under huge pressure 2 cow down b4 rightest pressure on blasphemy. Refused. Even if I’m the last man standing.”

The assassination is significant not simply because of the person targeted and the reason behind it, but because of the broader societal implications.

“[It points to] the presence of radical elements inside the Pakistani state apparatus,” said columnist Cyril Almeida.

He said that the fact that Taseer’s own bodyguard shot him is not just worrying because it indicates a failure of the vetting process but because it points to “the extent to which this poison has affected the Pakistani state. The investment in jihad has come home to roost.”

In the hours immediately following the killing, television anchors hosted several shows in which guests, while stopping short of openly supporting the murder of Taseer, did speak out in support of killing those deemed to have blasphemed. Some Pakistanis have reported that they received text messages on their mobile phones praising the assassination.

Pakistan Interior Minister Rehman Malik has said the guard, Malik Mumtaz Hussein Qadri, told police that he killed Taseer because of the governor’s opposition to Pakistan’s blasphemy laws. Qadri had escorted the governor from Rawalpindi to Islamabad on Tuesday (Jan. 4).

A 26-year-old policeman from Barakhao on the outskirts of Islamabad, Qadri had reportedly transferred to the Elite Force after commando training in 2008. Thus far, he has not been identified as a member of any violent Muslim extremist groups but is considered devout in his faith.

Noreen was convicted under Section 295-C of the defamation statutes for alleged derogatory comments about Muhammad, which is punishable by death, though life imprisonment is also possible. Section 295-B makes willful desecration of the Quran or a use of its extract in a derogatory manner punishable with life imprisonment. Section 295-A of the defamation law prohibits injuring or defiling places of worship and “acts intended to outrage religious feelings of any class of citizens.” It is punishable by life imprisonment, which in Pakistan is 25 years.

Report from Compass Direct News

Religious Club Closures in Schools Touch Nerve in Malaysia


KUALA LUMPUR, Malaysia, August 11 (CDN) — More closures of non-Muslim religious clubs in Malaysian schools, including Christian fellowships, have surfaced since the first incident was reported on July 12.

Loh Seng Kok, central committee member of the Malaysian Chinese Association, said at a July 23 press conference that the situation was “getting worse” and that the initial incident at Klang High School was not an “isolated issue.”

Loh based his assessment on complaints received by various religious society representatives. Present with Loh at the press conference were Vice-President of the Young Buddhist Association of Malaysia Loh Yit Phing, President of the Subang Jaya Buddhist Association Chim Siew Choon and Executive Secretary of the Christian Federation of Malaysia Tan Kong Beng.

The Malaysian Insider online news agency reported that Chin Fook Khiang, a parent, disclosed that the Buddhist Society and Christian Fellowship in SMK SS17 in Subang Jaya, Selangor were ordered to stop activities in January 2009 – and that it was the second time the clubs were ordered to close by education authorities since 2005.

The religious clubs were closed even though they had been in operation since before 2000, excluding them from the need for official approval. According to Circular Bill 20/2000, non-Muslim religious clubs formed after education authorities issued the circular in 2000 must obtain their approval before they are allowed. Clubs that existed before the circular was issued do not require approval.

Malaysiakini news agency on July 23 cited an unnamed retired teacher who described the situation as “very serious,” to the extent that some teachers had been transferred because they were active in Christian fellowship activities in their schools.

Loh called for a fairer treatment of non-Muslim associations in the co-curricular activities listed in the co-curriculum management guidelines issued to schools. The guidelines only allow for Islamic religious societies to operate unconditionally without requiring prior approval from the education authorities.

Several political leaders, including veteran opposition leader Lim Kit Siang, have called on authorities to revoke outdated directives and circulars that contravene the Federal Constitution, which guarantees freedom of religion.

 

Public Outcry

Reports of non-Muslim religious club closures first surfaced when The Sun reported on July 12 that three non-Muslim religious student groups, including the Christian Union at Klang High School, were ordered closed by the Selangor education department last month.

Following the report, the Rev. Dr. Thomas Philips, president of the Malaysian Consultative Council for Buddhism, Christianity, Hinduism, Sikhism and Taoism (MCCBCHST), issued a strongly worded statement seeking “immediate confirmation” and “prompt explanation” from authorities.

“Needless to say,” Phillips added, “if indeed there had been such a directive to close non-Muslim religious societies in schools or to not permit the setting up of such societies in schools, the Ministry of Education and the Ministry of National Unity should not be in doubt that MCCBCHST shall protest such a policy with the strongest possible vehemence.”

Following public outcry over the closure, Alimuddin Dom, director-general of education, reportedly said that the directive was a “misunderstanding” by the Selangor Education Department and ordered a reinstatement of the affected religious clubs.

Malaysia’s population is about 60 percent Muslim, 19 percent Buddhist and 9 percent Christian. About 6 percent are Hindu, with 2.6 percent of the population adhering to Confucianism, Taoism and other traditional Chinese religions.

 

Church Attack Trial

Reports of the religious club closures came amid the trial of three men who have been charged with arson in the attack on Metro Tabernacle church’s building earlier this year.

Brothers Raja Muhammad Faizal Raja Ibrahim and Raja Muhammad Idzham Raja Ibrahim, along with their friend Azuwan Shah Ahmad, were charged with committing mischief by torching the church building at 11:50 p.m. on Jan. 7. Since the trial started on July 6, however, the court has acquitted Azuwan due to lack of evidence.

Both brothers deny burning the church building, though they admit to witnessing the incident. They claim they left the scene of the burning to attend a barbeque at a friend’s house. Raja Muhammad Faizal claims he sustained burns from starting a fire at the barbeque, while his brother Raja Muhammad Idzham says he was injured in the course of helping his brother take off his flaming shirt on the occasion.  

The trial is ongoing.

Metro Tabernacle Church was among several churches that came under attack in January following a controversial court ruling that allowed the Herald, a Catholic weekly, to use the word “Allah” in the multilingual publication. The Herald had challenged the ban imposed by the Home Ministry.

The court decision angered some Muslims in the country who claim the term is exclusive to Islam.

Following the high court decision, the Home Ministry filed an appeal in February and won a stay, preventing the weekly from using the word until the case was addressed in the court of appeal. To date there has been no indication when the case will be heard.

On Aug. 1, Home Minister Hishammuddin Hussein was widely reported as saying his predecessor, Syed Hamid Albar, should not have banned the word “Allah” from being used by the Roman Catholic Church, and that the decision will continue to haunt his ministry for a very long time.

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

Pakistani Brothers Threaten Family of Catholic Who Wed Muslim


Before attempted abduction of groom’s mother, Muslims accused Christians of kidnapping.

SARGODHA, Pakistan, April 19 (CDN) — Family members of a Muslim woman who married a Roman Catholic here have threatened to kidnap the groom’s mother and sister and kill the newlyweds and other relatives, the Christian family members said.

Muslims have heavily bribed police to allow the crimes, sources told the Christian family.

The brothers of Sadia Bashir, the 22-year-old Muslim woman who married the Christian, issued the same threats most recently on April 12, said her father, Mushtaq Bhatti. After the young couple wed in court on May 16, the Muslim family accused the groom, 24-year-old Jibran Masih, and his mother and father of kidnapping, for which they languished in jail for several months last year.

Masih, his mother Nargis Bibi and Bhatti could have been sentenced to death, a life sentence or a fine had the Lahore High Court not declared them innocent in December.

The high court ordered the Muslim family to stop issuing dire threats to the Christian family, but threats of kidnapping and murder have continued with police encouragement, Bhatti said. On Jan. 18, he said, Bashir’s brothers tried to kidnap his wife, Jibran Masih’s mother, as she walked back home after escorting another daughter to college in Sargodha.

The brothers, Muhammad Arif and Muhammad Tariq, got out of a red car and began dragging her to it, tearing off her blouse as she struggled to keep from being put in the car, Nargis Bibi said.

She managed to escape their clutches on the crowded street and immediately reported the incident to the New Satellite Town (NST) police station with her husband, she said. Police reluctantly registered charges of abducting for the purposes of adultery, she said, but they have not arrested the brothers.

“The culprits who tried to kidnap me are still at large, and the Muslim family members with the approval of the NST police are hurling threats to kill us or abduct our college student daughter,” Nargis Bibi told Compass.

On July 1, 2009, Sadia Bashir’s father and mother, Muhammad Bashir and Khursheed Bibi, had charged Nargis Bibi, Bhatti, and Masih with abducting their daughter. Court documents record that Sadia Bashir testified before a Sessions Court judge that she had willingly contracted love marriage with Masih. In her statement, she said that she was not abducted by any members of the accused Christian family and freely decided to wed him. 

Nevertheless, the three Christians remained in jail until Bhatti was able to bring the case before the Lahore High Court. On Dec. 4, 2009 Chief Justice Khwaja Muhammad Sharif acquitted all three of them and ordered the case dropped. The young couple moved out of town to begin their life anew, Nargis Bibi said.

The high court also ordered police to protect the Christian family against the threats of the Muslim family.

“On the First Information Report [FIR] of the Muslim family of Muhammad Bashir falsely charging us with kidnapping, police immediately arrested us,” Nargis Bibi said, “but on our FIR they were idle and have not arrested any of the Muslim culprits.”

Christian sources close to NST police told Bhatti’s relatives that the Muslim family members have heavily bribed police to keep from prosecuting the Muslim brothers, Bhatti said.

Denying the bribery allegations, an NST police spokesman said officers had registered a case, an investigation was underway and that soon the foiled kidnappers would be behind the bars.

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 

Pakistani Muslims Accused of Rape Allegedly Attack Sisters


Fearing conviction, five suspects said to beat 15- and 21-year-old into dropping charges.

LAHORE, Pakistan, March 18 (CDN) — Five Muslims allegedly ransacked the house of an impoverished Christian in this capital city of Punjab Province last month and angrily beat his daughters in an effort to get the family to withdraw rape charges.

Muhammad Sajjid wielding a pistol, Muhammad Sharif brandishing a dagger and Muhammad Wajjad and two unidentified accomplices carrying bamboo clubs arrived at the Lahore home of Piyara Masih the afternoon of Feb. 26, Christian leaders said. The Muslims allegedly ransacked the house and began thrashing his two daughters, a 15-year-old and her 21-year-old sister, Muniran Bibi, according to attorney Azra Shujaat, head of Global Evangelical Ministries, and Khalid Gill, president of the Christian Liberation Front (CLF).

Muniran said Sharif stabbed her four times with the dagger.

“They ripped apart my clothes, as well as my sister’s,” she said. “In the meantime, Muhammad Sajjid kept firing into the air to terrorize us.”  

The family accuses the men of raping her then-13-year-old sister in 2008. Their frail father said that the gang leader, Sajjid, commanded his accomplices to abduct both Muniran and her sister in the most recent attack, without success. A neighbor who requested anonymity said that a large number of people gathered in front of the house upon hearing the cries of the Christian family, causing the five Muslims to flee.

The alleged attacks on the family were predicated in part on the assumption that, as Christians, they will get little help from a justice system biased against non-Muslims and easily swayed by threats, bribes or other means of persuasion from Muslims, Christian leaders said. When the family approached Nishtar Colony police for help, officers refused to register a case.

Attorney Shujaat said that in refusing to file assault charges, police bowed to the power of wealthy area Muslims. Shujaat, who is providing pro-bono counsel for the family, said he registered a First Information Report (FIR) at the Lahore High Court, accusing the men of ransacking the house and illegal weapons. Only after the high court order for police to file an FIR and strenuous efforts by him, Christian politicians and clergymen did the Nishtar Colony police register one against the Muslim gang.

Police did not register the FIR until March 2, he said, on orders of Additional Sessions Judge Justice Mahr Muhammad Yousaf.

The Christian family said they were still receiving death threats.

Gill, who besides being president of CLF is head of the All Pakistan Minorities Alliance, said the alleged rape took place on Easter Sunday, April 8, 2007, when Sajjid, Sharif, Wajjad and an unknown accomplice attacked the family.

“The chastity of [name withheld], who was 13 years old then and youngest among her sisters, was ruined by all four Muslim gang members, and later they abducted her and kept her at an undisclosed locality,” Gill said.

Police later recovered her, and a medical examination proved that she had been repeatedly sexually abused, Gill added.

Shujaat said the four men were being prosecuted for rape and abduction of the girl in District and Sessions Court. Sources told Compass that the alleged rapists were granted bail and secured liberty soon after their apprehension.

Shujaat said evidence at their trial showed they were responsible for the rape, and that a conviction was imminent.

Ferhan Mazher, head of Christian rights group Rays of Development Organization, said the only way for the “perverse Muslim criminals” to do away with the court’s judgment was to convince the Christian family, through threats and violence, to drop the charges.

“Therefore the Muslim men invaded the house of the Christian family to exert intense pressure on them to quash the case,” Mazher said.

Report from Compass Direct News 

Pakistan’s ‘Blasphemy’ Laws Claim Three More Christians


Cafeteria worker, couple convicted without basis under widely condemned statutes.

KARACHI, Pakistan, March 10 (CDN) — A Christian couple was sentenced to 25 years in prison for violating Pakistan’s widely condemned “blasphemy” laws last week, and another Christian convicted without basis under the same statutes the previous week received the same sentence.

In Kasur, Ruqqiya Bibi and her husband Munir Masih were sentenced on March 3 to 25 years of prison under Section 295-B of the Pakistan Penal Code for defiling the Quran. They had been arrested by Mustafabad police in December 2008 for touching Islam’s sacred scripture without ritually washing.

Punishment for defiling the Quran is “life imprisonment,” which means 25 years in Pakistan.

Prosecution witnesses accused Ruqqiya and her husband of using the Quran as part of black magic, and that in the process Ruqqiya had touched it without it without ritual cleansing. They also claimed that the couple had written the creed of Islam, or Kalima-e-Tayyaba, on the walls of their house.

Tahir Gul, a lawyer of the Centre for Legal Aid Assistance and Settlement (CLAAS), told Compass that the Christian couple had not used the Quran for black magic. He said the matter arose out of a quarrel between Muslim and Christian children and turned into a clash of their parents. Because Pakistan’s blasphemy statues are so commonly used to settle such personal scores, they are widely condemned by human rights advocates and legislators around the world.

After police investigation, the couple was further charged under Section 295-C of the blasphemy laws, which criminalizes any derogatory remark – spoken, written or by visible representation – against Muhammad, the prophet of Islam. The minimum punishment for such remarks is also “life imprisonment” of 25 years, but the law also allows for the death penalty.

Gul said the court had absolved the couple of charges under Section 295-C, as no evidence was found of them blaspheming Muhammad. He said that when the crime report was initially filed, the couple was accused only of defiling the Quran and not of blaspheming Muhammad.

The attorney said the case would be appealed in the Lahore High Court.

In Karachi, the Additional District and Sessions Court on Feb. 25 sentenced another Christian, Qamar David, to 25 years in prison and a fine of 100,000 rupees (US$1,170) after he was convicted without basis of sending blasphemous text messages in May 2006.

David was convicted under Section 295-A of the blasphemy statues for “injuring religious feelings of any community,” and also under Section 295-C for derogatory remarks against Muhammad. Maximum punishment for violation of Section 295-A is life imprisonment, and for Section 295-C the maximum punishment is death, though life imprisonment is also possible. David received the sentence of life in prison.

His lawyer, Pervaiz Aslam Chaudhry, told Compass that the conviction was without basis as all 16 witnesses at the trial said that not David but the owner of the cell phone, who is also the subscriber to the SIM card through which they received the blasphemous messages, was guilty. The SIM card and the cell phone are owned by a Muslim, Munawar Ahmad, who was named with David, he said.

“In spite of these facts, the court has absolved him [Ahmad] of all charges,” Chaudhry said.

In May 2006, two First Information Reports (FIR) were filed against David in Karachi under sections 295-A and 295-C. The first was filed under both sections by Khursheed Ahmed Khan, a travel agent, at the Sadar Police Station in Clifton. David still awaits trial on the second FIR, also under sections 295-A and 295-C, filed by Hafiz Muhammad Hamid at the Azizabad police station in Gulberg Town.

David has never been granted bail since his arrest in 2006, and he is in Central Jail in Landhi. Chaudhry said that he would file an application in the Sindh High Court for a hearing on the second case, because no trial date has been given despite the lapse of three and a half years.

“I feel that Qamar will also be convicted in the lower court again, because we see no signs of impartiality,” he added.

David’s family members criticized the blasphemy laws and his conviction, holding a protest on Feb. 28 with the help of Save the Churches’ Property Welfare Association and the United Church of Christ. They said that David was innocent and that the court was biased.

Chaudhry said that David lived a harsh life in the jail, where he was often threatened and once attacked by fellow inmates. The attorney said his client has faced obstacles in pursuing his case, and that extremists accused him of being a supporter of “blasphemers” because he was a Christian.

“Muslims raised slogans of triumph of Islam outside the court premises on the day David was convicted,” Chaudhry said. “The judgment was expected against David due to pressure on the judge, Jangu Khan.”

David had worked in the cafeteria of a hospital in Karachi, where he served drinks and food to customers, before he was accused in May 2006 of sending blasphemous messages.

Report from Compass Direct News 

Court Reverses Revocation of Indonesian Church’s Building Permit


Outside Islamists had intimidated local officials into withdrawing approval.

JAKARTA, Indonesia, March 8 (CDN) — A court in West Java has reversed the revocation of a Catholic church’s building permit.

The Purwakarta regency government had revoked the building permit for Santa Maria Catholic Church when Islamists threatened local residents and officials into opposing the project, church leaders said.

The church sued the Purwakarta regency for revoking the approved building permit in Cinangka village last October, and in a little-publicized court ruling on Feb. 25, a judge in a state court in Bandung, West Java decided in favor of the church.

“The error arose when external forces pressured the Purwakarta government so much that it revoked the building permit,” the head of the church legal team, Dr. Liona Nanang, told Compass. “Government sources have admitted that this was done because of outside pressure.”

The church official said objections to the church under construction did not come from residents of Cinangka village, where the church is located.

“We called the village headman and the block captains to testify,” Nanang said. “According to them, the objections are not from Cinangka villagers, but from citizens of Cikampek, which is not even in our district [county].”

The Purwakarta government is planning to appeal the case, but Nanang said church lawyers are optimistic that construction likely would resume once the High Court in Jakarta rules.

On Oct. 16 the regent of Purwakarta regency, Dedi Mulyadi, revoked the construction permit after Islamists threatened some of the local residents whose approval is required by Indonesian law. Church leaders said members of the Islamic Defenders Front (Front Pembela Islam, or FPI) “continually terrorized” both the regent and residents who had previously given their approval.

A Joint Ministerial Decree promulgated in 1969 and revised in 2006 requires the permission of more than 60 neighbors and a permit from local authorities to establish a place of worship. The more than 60 local citizens giving their approval must provide photocopies of their identity cards.

Nanang said that the judge agreed with the plaintiff that there had not been any irregularities in the process of obtaining a building permit. The judge found that the Purwakarta government had violated basic principles of good government including justice and the rule of law.

“A building permit can be legally cancelled if there is no construction activity within six months of the date of publication of the permit,” Liona told Compass. “However, Santa Maria Church began to build immediately.”

The court also ruled that the Purwakarta government had no legal reason to revoke the building permit. The Joint Ministerial Decree Number requires not only a minimum of 60 signatures of those not using the building but a minimum of 90 signatures of those who will use it, and the church had obtained the signatures of 93 non-users and 170 church members who would use the building.

The Rev. Augustinus Made of Santa Maria Catholic Church concurred that revocation of the building permit came about from extremely heavy pressure from the FPI and other radical Muslim groups.

“We rejoice in the verdict,” he said. “We had fulfilled all of the regulations. We built on land that had been zoned for a house of worship – land that we purchased.”

At the time the building permit was revoked, land had been prepared, the area fenced and the foundation laid.

The church had planned its building on a 5,000-square meter lot in a sparsely populated industrial area on land zoned for houses of worship. The congregation of over 1,000 has been worshipping in a steel factory warehouse some distance from the building site since its inception in 2002.

The lot developer had supplied facilities for all faiths; Muslims have two large mosques and an Islamic chapel at each factory. The government plan for the Bukit Indah Industrial Park included facilities for general and social purposes, including places of worship.

Report from Compass Direct News