Special Investigations Team Sought in Orissa Violence

Acquittals increasingly surpass convictions due to shoddy or corrupt police investigators.

NEW DELHI, December 7 (CDN) — Christian leaders in India have called for a special investigations team to counter the shoddy or corrupt police investigations into anti-Christian violence in Orissa state in August-September 2008.

Of the 100 cases handled by two-fast track courts, 32 have been heard as of Nov. 30, resulting in 48 convictions and more than 164 acquittals. A legislator for the main Hindu extremist party has been exonerated “for lack of evidence” in six cases, most of them involving murder charges. The number of cases registered total 787.

“Christians are extremely shocked by this travesty of justice in Orissa,” attorney Bibhu Dutta Das told Compass.

The government of Orissa set up two fast-track courts in Kandhamal district headquarters for cases related to the violence that began in August 2008 after the killing of Swami Laxmanananda Saraswati and four of his disciples in Jalespetta on Aug. 23, 2008. The chief minister of Orissa state has admitted that Hindu extremist umbrella group Sangh Parivar was involved in the anti-Christian violence (see sidebar below), and Christian leaders have said they are increasingly concerned over verdicts in the fast-track courts based in Phulbani.

Among those exonerated “for lack of evidence” was Manoj Pradhan, a legislator from the Hindu extremist Bharatiya Janata Party (BJP), who was acquitted of murder on Nov. 24. He was accused of killing Trinath Digal of Tiangia village on Aug. 25, 2008.

Thus far, Pradhan has been cleared in six of 14 cases against him.

“Manoj Pradhan has been let off in all the major cases against him, mostly murder cases, for lack of evidence,” attorney Das told Compass. “Now only small cases of arson remain against him.”

Attorneys said acquittals have resulted from police investigations that were intentionally defective to cover up for Hindu extremist attackers. In many cases, for example, police have fraudulently misrepresented the ages of suspects so they would not match with those denoted in the victims’ First Information Reports, leaving the court no option but to let the alleged culprits go.

Nine people were convicted, and five suspects, including Pradhan, were acquitted “for lack of evidence” on Nov. 18 for burning the house of Ratha Nayak in Mlahupanga village, Kandhamal on Aug. 27, 2008. Those convicted were sentenced to four years of prison and fined 3,500 rupees (US$75) each.

In a previous case, witnesses had testified to the involvement of Pradhan in the kidnapping of Kantheswar Digal – subsequently murdered on Aug. 25, 2008 – in Sankarakhole village, Phulbani district, but their testimony failed to convince the court to condemn the BJP politician.

Pradhan was arrested and jailed in October 2008 and was elected as BJP Member of the Legislative Assembly from the G. Udayagiri constituency while in jail.

On Nov. 24, Judge C.R. Das acquitted six suspects: Budhdeb Kanhar, Purander Kanhar, Gadadhar Kanhar, Sudhir Pradhan, Ajibana Pradhan and Dadhi Mallick. They were accused of killing Meghanad Digal and his wife Priyatama from Dutukagam village, Tikabali on Sept. 25, 2008.

Judge S.K. Das sentenced 12 persons to four years of prison along with a fine of 2,000 rupees (US$43) each on Nov. 28 for torching houses and shops at Sirtiguda village, under Nuagaon police jurisdiction, on Sept. 13, 2008.

Indo-Asian News Service reported that on Nov. 30 Sanjeev Pradhan was convicted of torching the house of Shravan Kumar Digal of Penagari village on Aug. 25, 2008. Sanjeev Pradhan was sentenced to prison for five years and fined 7,500 rupees (US$160).

Special Investigation Team Sought

Christian leaders are calling for a special investigation team like the one created after communal violence wracked Gujarat state in 2002.

“The need of the hour is a special investigation team, for the investigations of the Orissa police have caused doubts,” attorney Das said. 

He added that the cases should be transferred out of Kandhamal, as Christian leaders feel justice cannot be served in the district’s Hindu extremist atmosphere.

Many of the Christians displaced as a result of the violence have yet to return to their villages. The archbishop of Bhubaneswar-Cuttack, Raphael Cheenath, told media that out of 50,000 people displaced, about half have returned, “but they are facing housing problems. The state government should take it up earnestly.”

Dr. John Dayal of the All India Christian Council stated in a Dec. 4 report that “several thousand of the 50,000 Christian refugees are still to return home. Many cannot, as they have been told they have to convert to Hinduism before they will be accepted in the villages. The threats and coercion continue till today.”

He added that most of the more than 5,000 houses destroyed in December 2007 and August-October 2008 mayhem have yet to be rebuilt.

Attorney Das told Compass many of those who fled their village fear returning home.

“It is true that in many cases, the pre-condition of converting to Hinduism and facing violence if they do not has been the factor that has prevented the people from returning to their homes,” he said. “The fear of being attacked again has also stopped many from going into their villages. The government has not been very successful in instilling trust in the Christian community that such incidents can be prevented in the future.”

Orissa police yesterday arrested a man accused in the rape of a nun during the violence in Kandhamal. Gururam Patra was reportedly arrested in Dharampur.

He was accused of leading a mob that attacked the nun at on Aug. 25, 2008. Police have so far arrested 19 people in the incident, with another 11 still at large. The 29-year-old nun has told police she was raped and paraded naked by a Hindu extremist mob, and that officers only stood by when she pleaded for help.

SIDEBAR

Official Names Hindu Nationalist Groups in Orissa Violence

NEW DELHI, December 7 (Compass Direct News) – The ruling party of Orissa state, which labelled last year’s mayhem in Kandhamal district as “ethnic violence,” has publicly admitted that Hindu nationalist groups were behind the killings and arson of Christians and their property.

“It is learnt from the investigation into the riot cases that the members of the RSS [Rashtriya Swayamsevak Sangh], the VHP [World Hindu Council] and the Bajrang Dal were involved in the violence that took place last year,” Orissa Chief Minister Naveen Patnaik told the state legislative assembly last month.

Patnaik, in response to a question by a member of the Communist Party of India, also disclosed that police had arrested 85 people from the RSS, 321 members of the VHP and 118 Bajrang Dal members in the attacks. He said that only 27 members from these groups were still in jail.

The others were either bailed out or acquitted for lack of evidence, which Christians say is due to shoddy or corrupt investigation by police and prosecutors (government attorneys).

Soon after violence in Kandhamal broke out in August 2008, Patnaik blamed it on “conflict of interest” between Dalits (people at the bottom of the caste hierarchy in Hinduism and formerly known as “untouchables”) and tribal people.

National media speculated that Patnaik was seeking to deflect attention from the Bajrang Dal, which had been accused of the attacks on the Christians. The Bajrang Dal (Army of Hindu God Hanuman) is the youth wing of the VHP, which is seen as part of the RSS family.

Local Christians had suspected the role of the RSS and related outfits since the violence began on Aug. 24, 2008 – one day after Hindu nationalist leader Laxmanananda Saraswati was killed by Maoists (extreme Marxists) and RSS members blamed Christians for it.

The RSS is a Hindu nationalist conglomerate whose political wing, the Bharatiya Janata Party (BJP), was part of the ruling coalition during the 2008 eruption of the violence that killed more than 100 people, mostly hacked to death or burned alive, and incinerated more than 4,500 houses, over 250 churches and 13 educational institutions.

Patnaik’s party, the Biju Janata Dal (BJD) broke up its 11-year-old alliance with the BJP in March 2009, a month before state assembly and national elections were held. The BJD, which fought the two elections alone, won a majority in the state assembly and most seats in parliament from the state.

It was only after the coalition’s break-up that the BJD began to hint at the culpability of the RSS and related groups.

“It was important to break up with the BJP, because I don’t consider them healthy any longer for my state after Kandhamal [violence] – which I think is very apparent to everyone,” Patnaik told CNN-IBN, a private TV news channel, on April 19.

A state government-constituted panel, the Justice Mohapatra Commission of Inquiry, is probing the Kandhamal violence but has yet to issue its final report.

Meantime, a report of another panel, the Justice M.S. Liberhan Commission of Inquiry, said that top leaders of the BJP, the RSS, the VHP and the Bajrang Dal “meticulously planned” the demolition of the 17th century Babri Mosque 17 years ago.

More than 2,000 people were killed in communal violence across the country following the demolition of the mosque on Dec. 6, 1992. The incident polarized voters along religious lines and subsequently contributed to the BJP’s rise in Indian politics.

The Liberhan report, presented to parliament on Nov. 25, indicted several Hindu nationalist leaders, including former Prime Minister Atal Bihari Vajpayee, current Leader of Opposition in the People’s House L.K. Advani, VHP leader Ashok Singhal and former RSS chief K.S. Sudarshan.

Observers said the indictment of extreme Hindu nationalists, however, has come too late, as the BJP no longer seems to be powerful at the national level.

Report from Compass Direct News 

INDIA: ORISSA BRACES FOR MORE VIOLENCE AFTER ANOTHER MURDER

Suspecting cover-up, Communist investigators say 500 people may have been killed.

NEW DELHI, November 5 (Compass Direct News) – Terrified Christians already ravaged by more than two months of violence in Orissa state’s Kandhamal district braced for more carnage as suspected Maoists today gunned down a local worker of the Hindu extremist Rashtriya Swayamsevak Sangh (RSS).

Dhanu Pradhan was an RSS activist said to be on the Maoists’ hit list. Police said he was shot by three suspected Maoists in Kumharigaon village under Brahmanigaon jurisdiction in Kandhamal at 1 p.m., reported The Indian Express. Modern India’s worst-ever spate of violence began in the forest district of Kandhamal on Aug. 24, a day after a leader of the Hindu extremist Vishwa Hindu Parishad (World Hindu Council or VHP), Laxmanananda Saraswati, was killed.

Although a Maoist group admitted killing Saraswati and four of his aides, the VHP blamed local Christians for the assassinations. The wave of violent attacks carried on unabated for more than two months, destroying at least 4,500 houses and churches in the district.

More than 500 people, mostly Christian, might have been killed in the past few months’ violence in Kandhamal district, according to a report by a Communist Party fact-finding team. The report also suggested that the state government downplayed and covered up evidence of unreported deaths.

“The official figure for deaths has been reported to be 31, however, a senior government official on the condition of anonymity informed that he himself consigned two hundred dead bodies – found from the jungle – to flames after getting them collected in a tractor,” said the report by the Communist Party of India-Marxist-Leninist (CPI-ML).

The unnamed official estimated that, based on the intensity and pace of killings, the number of those killed was more than 500, according to the report. The fact-finding team visited Kandhamal district on Oct. 15-16 and published its report in the Oct. 27 issue of the party’s official publication, Liberation.

The report, signed by CPI-ML member J.P. Minz, also said that Hindu extremists might have used state government machinery to “minimize the evidence and possibly destroy dead bodies.”

Dr. John Dayal, a member of the National Integration Council of the Government of India, told Compass the report was startling but not surprising.

“I have been tabulating the data from independent church groups,” he said. “Even the Bishop’s House in Bhubaneswar has maintained that tens of thousands of refugees are hiding in forests, many of them with injuries of various degrees of grievousness.”

Dayal said that people must have been killed in the forests. “Even in villages, bodies have been discovered in neighboring fields,” he added.

The fact-finding team reported that the numerous attacks, acts of vandalism and killings took place “in full view of police, and the police remained mute spectators.” At least 200 Christian villages and 127 church and prayer halls were either destroyed or burned, it added.

Victims in numerous relief camps told the fact-finding team that the VHP and its youth wing, Bajrang Dal, were responsible for the tensions and violence.

“They used to organize meetings of the Kandha tribals and incite them to attack the Christian hamlets and also provided funds for doing this,” the report said.

Dayal said the Supreme Court of India should act on the report’s findings.

 

‘Great Terror’

The CPI-ML reported that Christians continued to experience “great terror,” and that Hindu nationalist groups were demanding the withdrawal of security personnel sent by the federal government to contain the violence.

“Riot victims are frightened to go back to their villages because they have been threatened that if they return they will be cut into pieces,” said the report. “The rioters are also proclaiming that only Hindu converts will be allowed to return. On the other hand, those in charge of the relief camps are pressuring the riot victims to return to their villages, saying that the life has returned to normalcy and peace has returned.”

The Indian Express yesterday reported that about 250 riot victims who had taken shelter in the Meliaputti and Mandasa areas of Srikakulam district in neighboring Andhra Pradesh state were refusing to go back to their villages “out of fear.”

“As many as 109 persons of 35 families of Sarlaguda, Raikia, Nuagaon, Baliguda, Bataguda, Barkhama, G. Udaygiri, Tikabali and Suraballi areas have been residing at Sourakaligam village of Meliaputti area, Andhra Pradesh, since the Kandhamal violence,” said the newspaper, adding that 140 others had taken shelter in Kumudhisingi village of the Mandasa area.

There are 12,641 violence-affected people in seven relief camps in Kandhamal, according to the district authorities.

 

Violence in Another District

The violence in Kandhamal has led to tensions in several other districts of Orissa. Yesterday a mob of around 400 people surrounded and beat five Christian men in the Bindha area of Bhadrak district’s Tihidi Block, according to the Christian Legal Association.

The incident took place when five men and two women, all staff of the Discipleship Centre, were returning from a few villages where that Christian organization has projects. A cyclist suddenly appeared before them and had an accident, incurring minor injuries. Soon a mob of about 300 people gathered and began beating the men, accusing them of converting Hindus, as if such activity were illegal in India.

The mob dragged the Christians to a Hindu nationalist rally where slogans against them were chanted. Police arrived and took the Christians to a police station, charging them under laws against forcible or fraudulent conversion. The seven Christians remained in jail at press time.

Police also filed a counter-complaint against the attackers, but no one was arrested at press time.

 

Nun’s Rape Case

In the case of a Catholic nun raped on Aug. 25 during the initial violence, the Kandhamal district court today issued a notice summoning her to appear for identification of the culprits, reported the Press Trust of India news agency.

The victim, who said she was raped in K. Nuagaon in Baliguda, had refused to cooperate with police, demanding that a federal agency investigate her case. On Oct. 24, she appeared before media and blamed police for not coming to her rescue. She said she was raped while police did nothing, and that later she saw a policeman talking congenially to one of the rapists.

Previously she had filed a complaint at the Baliguda police station, but officers did not make any arrests until a national newspaper, The Hindu, highlighted the case on Sept. 30. When the nun initially went to the police station to file her complaint, an officer had warned her of possible negative consequences of doing so.

 

One-Man Investigation

While Christians are demanding that a federal agency take over investigation of the violence in Orissa, the state government has appointed a one-man panel, the Justice S.C. Mohapatra judicial commission, to carry out the probe.

The commission placed an advertisement in a local newspaper, Sambad, on Nov. 3 seeking affidavits of victims by Nov. 15. It also said that people could appear before the commission on Nov. 28 in its office in Bhubaneswar, the state capital.

The commission will analyze the sequence of events and circumstances leading to the killing of Saraswati on Aug. 23 and the subsequent violence. It will also probe the role, conduct and responsibility of individuals, organizations, groups and agencies in precipitating and committing the crimes and investigate whether the measures that followed were adequate.

Mohapatra is a retired judge of the Orissa High Court.

Orissa is ruled by a coalition of a local party, the Biju Janata Dal, and the Hindu nationalist Bharatiya Janata Party, which has close ties with the VHP.

Report from Compass Direct News

INDIA: CHRISTIAN COUPLE KILLED, HOUSES TORCHED IN ORISSA

Displaced Christians survive bomb blasts as violence continues in Kandhamal district.

NEW DELHI, September 30 (Compass Direct News) – A Christian couple was found murdered, a woman killed, numerous houses and churches burned and low-intensity bombs exploded at relief camps in the past week in Orissa state’s Kandhamal district, where Hindu extremist violence began more than a month ago.

On Sunday (Sept. 28), police found the body of Priyatamma Digal, an auxiliary nurse and midwife, in a river. On Monday, the body of her husband, Meghanath, was recovered. According to The Times of India newspaper, the Christian couple was killed last Thursday (Sept. 25).

This morning attacks by unidentified armed groups in the villages of Rudangia, Telingia and Gadaguda in Kandhamal resulted in more than 100 houses burned and the death of Ramani Nayak of Rudangia village, reported The Hindu. Her religious affiliation was not known at press time.

Eight people were seriously injured in the attacks, according to reports, and about 20 people received minor injuries.

Bomb blasts yesterday rocked three Kandhamal relief camps in the Nuagaon area, Mahasinghi village and Baliguda town, reported the Press Trust of India (PTI).

No casualties were reported, but the explosions left residents of the relief camps fearing for their lives.

“Since they have been successful in exploding bombs near the heavily guarded relief camp, there is no guarantee that the explosions will not take place in other camps,” one refugee told PTI.

 

Axe Attack

The Times of India also reported that five houses were torched in Phirigia block in Kandhamal (Gochhapada police jurisdiction) on Sunday night.

Last Thursday (Sept. 25), some 700 people armed with axes, swords, and iron bars attacked a Missionaries of Charity house in Sukananda village in Kandhamal, reported Asia News agency.

“There was no one at home, because when the violence erupted against the Christians, we took our few belongings and moved to our house in Bhubaneswar,” Sister M. Suma told the agency. “We brought with us the tabernacle, the altar, and especially the Dalit and tribal girls whom we were sheltering.”

Late on Wednesday (Sept. 24), mobs burned about 30 houses and two prayer houses in Simanjodi village and 50 houses in Batingia village, reported The Indian Express newspaper.

In Rakingia village, an Orissa Disaster Rapid Action Force (ODRAF) team that had gone to clear roadblocks was attacked, forcing the accompanying police to open fire, added the newspaper.

“Two tribal people have reportedly been killed,” the daily reported. “Sources said tribals with bows and arrows launched an attack on the ODRAF.”

According to the All India Christian Council (AICC), at least 57 people have been killed, more than 18,000 injured and over 4,300 houses, 150 churches and 13 educational institutions destroyed since the Aug. 24 outbreak of violence in Orissa. Two Christian women were also gang-raped.

The violence, which later spread to at least 14 districts of Orissa, has left more than 50,000 people homeless.

The attacks began following the killing of a leader of the Hindu extremist Vishwa Hindu Parishad (World Hindu Council or VHP), Laxmanananda Saraswati, and four of his disciples on Aug. 23 in Kandhamal district. Maoists have claimed responsibility for the assassination, but the VHP has persisted in blaming local Christians.

According to media reports, Christians in Orissa retaliated in at least one incident. A man was killed in Raikia Block after “Dalit Christians of Gundhari village hurled bombs at the tribal-dominated village of Sirsapanga in the afternoon [of Sept. 24),” The Indian Express reported. “Sources said the deceased, Raghav Digal, a Dalit Hindu, was a government employee.”

 

‘Withdraw Federal Forces’

The leader of an influential tribal group believed to be instigating violence in Kandhamal demanded withdrawal of federal security personnel from the district as a “precondition” to stopping the attacks.

Yesterday Lambodar Kanhar, secretary of the Kandhamal Zilla Kui Samaj (Kui people group) Coordination Committee, was quoted by The Indian Express as saying that he was ready to give assurance that tribal people would not resort to violence if the Central Reserve Police Force (CRPF) personnel were taken out of the rural pockets of the district.

Kanhar accused the CRPF of having let loose “a reign of terror” on “innocent” tribal villagers.

The Global Council of Indian Christians’ Dr. Sajan K. George said Kanhar’s demand was an attempt to “complete ‘ethnic-cleansing’ of Christians.” A representative of the Christian Legal Association said Hindu extremist assailants were upset that federal forces were trying to prevent them from attacking Christians and their property.

At the same time, European Union (EU) representatives yesterday spoke to Indian Prime Minister Manmohan Singh during the India-EU summit in France about the government’s failure to prevent a “massacre” of Christians in Orissa and Karnataka states.

According to the AICC, in the southern state of Karnataka at least 19 churches and 20 Christians have been attacked. At least four churches and four Christian schools had been vandalized in the north-central state of Madhya Pradesh, and four churches attacked in the southern state of Kerala. Two churches had also been damaged in the national capital, Delhi.

Singh yesterday made assurances that attacks on Christians would be stopped.

Christians from various denominations, along with people from other faiths, are holding a weeklong sit-in day and night at Jantar Mantar observatory in New Delhi that began on Friday (Sept. 26) to protest the lack of security. The demonstration demanding protection for minority targets in Orissa and other states will conclude with a motorbike rally on Thursday (Oct 2).

Christian leaders such as Dr. John Dayal, the Rev. Dr. Richard Howell, A.C. Michael and Jenis Francis are participating in the protest.

This report from Compass Direct News