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

Court in India Convicts Legislator in Second Murder Case

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

Testimony

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

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

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

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

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

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

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

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

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

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

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

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

It also noted mental trauma in children.

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

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

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

Report from Compass Direct News

Buddhist Bhutan Proposes ‘Anti-Conversion’ Law

Already suppressed Christians say bill is designed to control growth.

THIMPHU, Bhutan, July 21 (CDN) — Christians in this Himalayan nation who are still longing to openly practice their faith were disheartened this month when the government proposed the kind of “anti-conversion” law that other nations have used as a pretext for falsely accusing Christians of “coercion.”

The amendment bill would punish “proselytizing” that “uses coercion or other forms of inducement” – vaguely enough worded, Christians fear, that vigilantes could use it to jail them for following the commands of Christ to feed, clothe and otherwise care for the poor.

“Now, under section 463 [of the Penal Code of Bhutan], a defendant shall be guilty of the offense of proselytization if the defendant uses coercion or other forms of inducement to cause the conversion of a person from one religion or faith to another,” reported the government-run Kuensel newspaper on July 9.

“There was always a virtual anti-conversion law in place, but now it is on paper too,” said a senior pastor from Thimphu on condition of anonymity. “Seemingly it is aimed at controlling the growth of Christianity.”

Kuenlay Tshering, a member of Bhutan’s Parliament and the chairperson of its Legislative Council, told Compass that the new section is consonant with Article 7(4) of the Constitution of the Kingdom of Bhutan, which states, “A Bhutanese citizen shall have the right to freedom of thought, conscience and religion. No person shall be compelled to belong to another faith by means of coercion or inducement.”

He said that the National Council had proposed that offenses under the proposal be classified as misdemeanors, punishable by one to less than three years in prison.

Tshering said that the amendment bill “may be passed during the next session of Parliament, after the National Assembly deliberates on it in the winter session.”

Asked if he was aware that similar “anti-conversion” laws in neighboring India had been misused to harass Christians through vague terms of “inducement,” he said he was not.

Authorities usually act on complaints by local residents against Christian workers, so frivolous complaints can lead to their arrest, said another pastor who requested anonymity.

Of the 683,407 people in Bhutan, over 75 percent are Buddhist, mainly from the west and the east. Hindus, mostly ethnic Nepalese from southern Bhutan, are estimated to be around 22 percent of the population.

There are around 6,000 Christians, mostly ethnic Nepalese, but there is neither a church building nor a registered Christian institution. The Bible, however, has been translated into the national language, Dzongkha, as well as into Nepali.

The constitution guarantees freedom of religion, but the government has not officially recognized the presence of Christians, whose practice of faith remains confined to their homes.

The Drukpa Kagyue school of Mahayana Buddhism is the state religion, with Hinduism dominant in the south, according to Bhutan’s official website, which adds, “Some residues of Bon, animism and shamanism still exist in some pockets of the country,” but makes no mention of Christianity.

Still, since Bhutan became a democracy in 2008 after its first-ever elections – following more than 100 years of absolute monarchy – people have increasingly exercised their freedom, including religious choice.

 

‘Why More Religions?’

Home and Culture Minister Lyonpo Minjur Dorji told Compass that Bhutan’s government had “no problems” with Christianity or any other faith.

“But Bhutan is a small country, with a little more than 600,000 people, and a majority of them are Buddhist,” Dorji said. “We have Hindus, also mainly in southern parts. So why do we need more religions?”

Buddhism is closely linked with political and social life in Bhutan. Dorji’s office sits in a gigantic monastery in Thimphu known as Tashichho Dzong. Buddhism unites and brings people together, Dorji said, explaining that the social life of a village revolves around its dzong (monastery).

Dorji said India’s multi-religious society had led to tensions and bloodshed.

“India can survive riots and unrest,” he said, “but Bhutan may not, because it is a small country between two giants [India and China].”

With leaders who have been proud that they have not allowed it to be colonized, Bhutan historically has been keenly concerned about its survival. Bhutan’s people see their distinct culture, rather than the military, as having protected the country’s sovereignty. And it is no coincidence that Dorji’s portfolio includes both internal security and preservation of culture.

The constitution, adopted in July 2008, also requires the state to protect Bhutan’s cultural heritage and declares that Buddhism is the spiritual heritage of Bhutan.

A government official who requested anonymity said that, as Tibet went to China and Sikkim became a state in India, “now which of the two countries will get Bhutan?”

This concern is prevalent among the Bhutanese, he added.

Sikkim, now a state in India’s northeast, was a Buddhist kingdom with indigenous Bhotia and Lepcha people groups as its subjects. But Hindus from Nepal migrated to Sikkim for work and gradually outnumbered the local Buddhists. In 1975, a referendum was held to decide if Sikkim, then India’s protectorate, should become an official state of the country. Since over 75 percent of the people in Sikkim were Nepalese – who knew that democracy would mean majority-rule – they voted for its incorporation
into India.

Bhutan and India’s other smaller neighbors saw it as brazen annexation. And it is believed that Sikkim’s “annexation” made Bhutan wary of the influence of India.

In the 1980s, Bhutan’s king began a one-nation-one-people campaign to protect its sovereignty and cultural integrity, which was discriminatory to the ethnic Nepalese, who protested. Their non-compliance, however, resulted in a harsh crackdown by authorities, leading to the expulsion or voluntary migration of over 100,000 ethnic Nepalese, many of whom were Christians, to the Nepal side of the border in Jhapa in the early 1990s.

“Bhutan did not want to become another Sikkim,” said a local resident, explaining why the government did not tolerate the protests.

Bhutan is also rigorous in implementing its laws related to the use of the national language, the national dress code and the uniform architectural standards throughout the country to strengthen its cultural integrity. Bhutanese men are required to wear the gho, a knee-length robe tied at the waist by a cloth belt, when they go to work or attend a public function. Women have to wear the kira, an ankle-length dress clipped at one shoulder and tied at the waist. Non-compliance can lead to fine
and imprisonment.

 

Brighter Future

One hopeful pastor said he expects the government to officially acknowledge the existence of Christianity in Bhutan in the near future.

“Religious freedom will be good for both Christians and the government,” he said. “If Christians are not officially acknowledged, who will the government go to if it wants to implement an executive decision related to religious communities?”

Explaining the reason for his hope, he recalled an incident in the Punakha area in January, when a house under construction was demolished after rumors that it was used as a church.

“The house owner, a Christian, went to his majesty [King Jigme Khesar Namgyel Wangchuck] and told him he was not constructing a church but would have worship with other believers on Sundays,” the pastor said. “The king allowed him to build the house.”

He also said that a delegation of Christians met with Prime Minister Lyonchen Jigmey Thinley in May 2009, who reassured them that there would be more freedom soon.

Christianity is gradually growing, but through word-of-mouth – testimonies of those who have received healing from sickness – and not public preaching, he said, adding that Christians needed to understand and be patient with the government, “which cannot and should not make changes or give freedom overnight.”

 

SIDEBAR

Christians’ Skulls, Bones Used for Buddhist Ritual

The ambiguity in Bhutan over the status of Christians has brought with it a new difficulty: A national daily recently reported that at least eight graves of Christians had been exhumed and the skulls and thigh bones extracted for a Buddhist ritual.

Although the report marked the first time the practice had made the news, Christian leaders said more than 100 graves have been dug up as the trade in human bones has been going on for more than five years.

A local resident of the Lamperi area, near Thimphu, identified as Namgay, told the Bhutan Observer that he found eight graves in a “secret forest graveyard” that had been exhumed by hunters of craniums and thigh bone.

“We saw skulls without craniums and a hand sticking out of a grave,” he was quoted as saying in the daily on May 27.

A human skull garners between 5,000 ngultrum (US$105) and 10,000 ngultrum (US$211) in Bhutan, with men’s skulls considered more valuable. The skull of a man affected by leprosy is not considered ideal for purification. Rather, such skulls are considered best for rituals to subdue evil spirits.

In a visit to the graveyard, the Bhutan Observer found at least eight graves freshly dug up. “Hand gloves, khaddar [a coarse homespun cotton cloth], a currency note, a wooden cross, and a wooden hammer lay scattered all over,” it reported.

The daily said the graveyard apparently belonged to the Christian community in Thimphu and nearby areas.

“Christians in the country say that there should be an official recognition that there are Christians in the country, and other things like burial rights will naturally follow,” the report noted.

A local pastor told Compass that since Christians did not have a burial ground, they buried their dead in forests.

“More than 100 bodies have been dug up, even though we have changed several locations for burial,” he said. “I wonder how the traders in human bones discover these locations. Where do we go now?”

Some local residents reportedly believe that a Christian grave brings bad luck.

Damcho Wangchu, a resident of Thinleygang area, told the daily that the area surrounding the graveyard was holy. He attributed all misfortune in the area – including storms, the death of three students and of four others – to the Christian cemetery.

“We never experienced such misfortunes in our gewog [cluster of villages] before,” he said.

The daily explained that the tradition of use of human skulls and thigh bones in Buddhist rituals was as old as Tantric Buddhism itself. “Thoepai Dagpa is a generic name for the text that illustrates the use and study of quality of skulls,” it reported.

Tantric Buddhism, widespread in Bhutan, involves rituals as a substitute or alternative for the earlier abstract meditations.

An editorial in the same newspaper noted, “Our hunt for the criminal will probably lead us from the unplanned graveyard to the sacred altar.”

Report from Compass Direct News

Convictions Few in Anti-Christian Violence in Orissa, India

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Pradhan was arrested and jailed in October 2008 and was elected as BJP MLA from the G. Udayagiri constituency while in jail.

Three Years of Prison

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

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

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

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

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

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

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

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

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

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

Report from Compass Direct News 

Christians Concerned over Acquittals in Orissa, India Violence

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Shoddy Probe, Lack of Evidence

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SIDEBAR

First Life Sentences Handed Down for Orissa, India Killing

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

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

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

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

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

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

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

Report from Compass Direct News 

Wheels of Justice Begin Turning in Orissa Violence

Six sentenced for anti-Christian rampage; tensions persist.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Report from Compass Direct News 

INDIA: CHRISTIAN FATHER OF TWO MURDERED IN ORISSA

Nephew, mother suspect Hindu hardliners shouting anti-Christian threats that morning.

NEW DELHI, February 25 (Compass Direct News) – Family members of a Christian found murdered last week in the Pandagadu area of Orissa state’s Kandhamal district said they believe the killers were Hindu nationalists such as those responsible for more than two months of violent anti-Christian rioting last year.

Hrudayananda Nayak, a 42-year-old father of two, was found dead on Thursday (Feb. 19) with several injuries to his head sustained as he took a shortcut through a forest to his home village of Rudangia, two kilometers from Pandagadu and five kilometers from G. Udayagiri.

His mother, Prasanna Kumari Nayak, has submitted a written complaint to police alleging the killers were associated with Hindu hardliners involved in last year’s rioting. His nephew Sujan Nayak, a lawyer and resident of Rudangia who saw the victim’s body, said that his uncle appeared to have undergone a fatal beating.

Sujan Nayak told Compass that on the day of Hrudayananda Nayak’s death, Feb. 18, his uncle told him before leaving home that he had received threats from three drunken men who were standing outside shouting threats at Christians in general that morning.

“He quoted them as saying, ‘We will not burn houses this time but will kill all Christians one by one,’” Sujan Nayak said.

Describing the injuries on his uncle’s body, Nayak told Compass there were wounds on his forehead, a severe wound on the left side of his head near the ear, as well as injuries to the back of his head and “marks around his neck.” He added that a blood-stained towel and flashlight battery were found near the body.

“From the battery and the injuries on his head it is evident that a huge torch was used for hitting him, and the mark on the neck shows that the towel was put around his neck to drag him,” he said.

There is reason to suspect the men who had threatened anti-Christian violence, he said.

“The three men threatening violence in the morning were seen on the same road passing through the forest where Hrudayananda was murdered at 11 at night on the date of the murder,” Nayak said, adding that the three suspects have absconded. “It is one week since the murder, and the suspects have not returned back home.”

He said that the victim’s mother also witnessed the threats that her son and others received the morning of the murder, “but due to fear of revenge from them she did not reveal this to the police.”

District Superintendent of Police S. Praveen Kumar reportedly said it is not clear that the murder was related to last year’s anti-Christian rioting.

“I am not sure if his death has anything to do with the communal violence,” he told media. “Our investigation is on. Somebody may have hit him on the head, causing his death.”

The killing is the third such murder since October 2008, when the more than two months of large-scale, anti-Christian violence that began in August officially came to an end.

 

Missing

Sujan Nayak said that his uncle left home in Rudangia for a market at G. Udayagiri on the afternoon of Feb. 18.

On his way back, Hrudayananda Nayak took a vehicle from G. Udayagiri as far as Gressgia village, from which he took a shorter route to Rudangia, crossing the forest by foot. It was around 7 in the evening. He had covered a distance of two kilometers and reached an isolated part of Pandagadu when he was attacked.

When he did not return home as expected that day, the following day villagers went searching for him in different directions. Around half a kilometer from the site of the murder is a school, and students there informed the search team of a blood-stained slipper lying near the school grounds.

The victim’s mother identified the slippers as belonging to her son, Hrudayananda Nayak. A rigorous search began around the area, and soon they noticed blood spots on a path leading up a hill. Reaching the top of the hill, between two huge rocks forming a cave shape they found Nayak’s body.

“His shirt and pants were taken off and kept aside, which means they had intentions of burning the body,” said Sujan Nayak. He explained that it is normal practice in the area to remove clothes on a body to be burned to reduce the time necessary for cremation.

Police were immediately informed, he said, adding, “Sniffer dogs were brought who led them to the lane of the house that belongs to one of the men who screamed threats the other morning, and then to a pond located in the same area used for bathing.”

Police suspect the killers had washed in the pond after committing the crime, Sujan Nayak said.

The house of the suspect to which the dogs led police is about 200 kilometers (124 miles) from the house of the victim.

According to Sujan Nayak, even after the dogs traced the lane where one suspect lives, police have been slow to proceed with the case.

Hrudayananda Nayak is survived by his 35-year-old wife, Reena Nayak, a 10-year-old daughter and a 7-year-old son.

Report from Compass Direct News