Conviction of Legislator in India Falls Short of Expectations

In murder of Christian, Hindu nationalist sentenced to seven years for causing ‘grievous hurt.’

NEW DELHI, July 2 (CDN) — Christians in Orissa state had mixed feelings about the sentencing on Tuesday (June 29) of state legislator Manoj Pradhan to seven years in prison for causing grievous hurt and rioting – but not for murder.

“Pradhan is not convicted of murder, but offenses of voluntarily causing grievous hurt by dangerous weapons and rioting were upheld,” attorney Bibhu Dutta Das told Compass. “Pradhan will be debarred from attending the Orissa Legislative Assembly unless the order of conviction is stayed by the Orissa High Court, or if special permission is granted by the court allowing him to attend.”

Kanaka Rekha Nayak, widow of murdered Christian Parikhita Nayak, acknowledged that the verdict on Pradhan and fellow Hindu nationalist Prafulla Mallick in the August-September 2008 violence against Christians did not meet her expectations. She said she was happy that Pradhan was finally behind bars, but that she “expected the court to at least pronounce life imprisonment on Pradhan and Mallick for the gruesome act that they committed.”

Das said he will try to increase the sentence.

“Pradhan spearheaded the riots and has several criminal charges against him – he cannot be let off with a simple punishment,” Das said. “We will be filing a criminal revision in the Orissa High Court for enhancing the period to life imprisonment.”

The day after Pradhan was sentenced, two Hindu nationalists were reportedly convicted of “culpable homicide not amounting to murder” in the burning death of a paralyzed Christian during the 2008 attacks on Christians in Orissa state’s Kandhamal district and sentenced to only six years of prison.

UCAN agency reported that Sushanta Sahu and Tukuna Sahu were convicted and sentenced on Wednesday (June 30) in the death of Rasananda Pradhan, a paralytic burned alive when Hindu extremists set his house on fire on Aug. 24, 2008. Church leaders criticized the lenient sentences.

Manoj Pradhan has been charged in 14 cases related to the August-September 2008 anti-Christian attacks. In seven of the cases he has been acquitted, he was convicted of “grievous hurt” in this one, and six more are pending against him.

Of the 14 cases in which he faces charges, seven involve murder; of those murder cases, he has been acquitted in three.

After a series of trials in which murder suspects in the 2008 Kandhamal district violence have gone free as Hindu extremist threats kept witnesses from testifying, the testimony of Nayak’s daughter, 6-year-old Lipsa Nayak, helped seal Pradhan’s conviction.

His widow, Rekha Nayak, told Compass that due to the severe threats on her life that she has received, she and her two daughters were forced to flee the area and go into hiding.

There were around 1,500 Hindu supporters present for this week’s verdict, a source in the courtroom told Compass on condition of anonymity.

“We had to leave the place before the judgment was pronounced and could not enter that area for three or four days after the verdict,” said the source, adding that prosecuting lawyers and human rights activists received the main threats.

Along with the seven years of prison, the Phulbani Court sentenced the Hindu nationalist Bharatiya Janata Party (BJP) member of the Legislative Assembly of Orissa from G. Udayagiri, Kandhamal to a fine a little more than US$100, as it did for Mallick. The verdict came from Fast Track Sessions Court I Judge Sobhan Kumar Das in the Aug. 27, 2008 murder of 31-year-old Parikhita Nayak, a Dalit Christian from Tiangia, Budedipada, in Raikia block of Kandhamal district.

Pradhan was also accused of setting fire to houses of people belonging to the minority Christian community.

“I have the highest regard for the judiciary,” Pradhan told Press Trust of India after this week’s verdict. “We will appeal against the verdict in the higher court.”

Cases have been filed against Pradhan for rioting, rioting with deadly weapons, unlawful assembly, causing disappearance of evidence of offense, murder, wrongfully restraining someone, wrongful confinement, mischief by fire or explosive substance with intent to destroy houses, voluntarily causing grievous hurt and voluntarily causing grievous hurt by dangerous weapons or means.

Dibakar Parichha of the Cuttack-Bhubaneswar Catholic Archdiocese told Compass that the judgment was “a good boost to the Christian community.”

“When the trials were on, the Nayak family faced terrible times,” Parichha added. “Pradhan and his associates threatened Kanaka Rekha, the widow of the deceased, right inside the courtroom of dire consequences if they testified about them.”

Archbishop Raphael Cheenath of the Cuttack-Bhubaneswar diocese issued a statement saying that the verdict had boosted confidence in the judiciary that criminals will be punished.

“People have been waiting for good judgment, and we have confidence in the judiciary that criminals will be punished,” Cheenath said, adding that the sentence will show criminals that the law will not spare any one. “One day or other, they will be punished.”

The Rev. Richard Howell, general secretary of the Evangelical Fellowship of India, told Compass that the verdict offered some hope.

“The fact that something has happened gives us some hope that more convictions would take place in the trials to come,” he said.

Calling the conviction “justice that was long overdue,” Howell said that not much can be expected from Fast Track Courts as no security is provided to witnesses.

 

Girl’s Testimony

During the 2008 anti-Christian attacks that followed the death of Hindu leader Swami Laxmanananda Saraswati, Lipsa Nayak’s parents and her sister had taken refuge in the forest to escape the fury of the Hindu extremists, but the rampaging mob tracked them down.

Lipsa, then 4 years old, along with her mother and then 2-year-old sister, Amisha Nayak, watched in horror as the crowd allegedly beat her father for two hours and then killed him by cutting him into pieces and burning him.

Rekha Nayak filed a complaint and a case was registered against Pradhan, Mallick and others for murder, destroying evidence, rioting and unlawful assembly. Pradhan was arrested on Oct. 16, 2008, from Berhampur, and in December 2009 he obtained bail from the Orissa High Court.

Despite his role in the attacks, Pradhan was the only BJP candidate elected from the G. Udayagiri constituency in the 2009 Assembly elections from Kandhamal district. He had campaigned inside jail.

On March 14, Rekha Nayak and her daughter Lipsa testified in court in spite of the threats. Rekha Nayak reportedly testified that when the Hindu mob demanded that her husband renounce Christianity or face death, he kept quiet, which led to his death.

Prosecution and defense lawyers questioned Lipsa for more than 90 minutes, and she reportedly answered all questions without wavering. Asked by the judge if she could identify the killer of her father, she pointed to Pradhan.

So far he has been exonerated of murder charges against him for “lack of witnesses.” Christian leaders say that Pradhan has been intimidating witnesses because of his position as a member of the Legislative Assembly.

The government of Orissa has set up two Fast Track courts to try cases related to the violence that spread to more than a dozen districts of Orissa. The attacks killed more than 100 people and burned 4,640 houses, 252 churches and 13 educational institutions.

Trials are being held for 38 cases in which 154 people have been convicted and more than twice that many have been acquitted, as high as 621 by one count. Victims filed 3,232 complaints in the various police stations of Kandhamal district. Of these, police registered cases in only 832 instances.

“Nearly 12,000 people are accused in the riot case – 11,803 are out on bail,” said attorney Das.

Report from Compass Direct News

Recent Incidents of Persecution

Punjab, India, March 1 (CDN) — Hindu extremists from the Bajrang Dal and Shiv Sena on Feb. 20 beat Christians and vandalized two churches in Batala after a protest against an objectionable picture of Christ. Christians had noticed the picture posted as part of a composite poster for an upcoming Hindu festival, Ram Naumi. The poster contained pictures of other religious deities as they normally appear, while Jesus was portrayed with a cigarette and a beer, reported the Evangelical Fellowship of India. In response to the Christian protest, the Hindu extremists went on a rampage, beating the pastor of the Church of North India and a Salvation Army officer and burning and looting the two churches. With church leaders’ pressure, police registered a case against Hindu extremists Pratap Singh and Raj Kumar, who were said to have put up the picture of Jesus, for a “malicious act intended to outrage religious feelings of others” and “punishment of criminal conspiracy.”

Orissa – Police on Feb. 20 arrested the Rev. Anant Prasad Samantray after Hindu extremists filed a complaint against him of making derogatory remarks against Hinduism in Bhabanipatna, Kalahandi district. Having obtained written permission from local police, Samantray, a former Hindu priest, spoke at a revival meeting of his journey to becoming a Christian pastor, remarking that “Jesus is the only way, the truth and the life,” a local source told Compass. After hearing his speech, some Hindu hardliners dragged him to a police station and filed a complaint against him of speaking ill against Hinduism. Officers arrested the Christian for “malicious acts to outrage religious feelings of others” and “uttering words to wounds religious feelings.”

Karnataka – Hindu extremists from the Bajrang Dal and the Rashtriya Swayamsevak Sangh on Feb. 15 attacked Christians in Gokalam, Mysore. A source told Compass that Hindu extremists attacked church members of Shekinah Assembly of God Church because of their faith. Running from one house to another, the extremists beat the Christians in their homes, took Bibles and Christian literature and burned them. A Christian identified only as Shivmurthy sustained serious head injuries, lost four teeth and underwent an operation on his right ear. Jaylaxmi Puram police refused to register a complaint filed by the Christians, who left the area out of fear of further attacks; at press time 22 families had taken refuge among Christians in a neighboring area. 

Karnataka – Hindu extremists on Feb. 14 stopped the inaugural service of Native Village Vision Church’s new building and accused Christians of forceful conversion in Mysore. The Global Council of Indian Christians (GCIC) reported that at about 5 p.m. a mob of intolerant Hindu radicals barged into the inaugural service of the new church building, verbally abused the Christians and accused them of forceful conversion. The extremists filed a complaint against the Christians of forceful conversion at the Beechanahalli police station. Officers told the Christians to cease future worship, though GCIC reported that Pastor N.S. Suresh had obtained permission from the village head to construct a church building and had produced required legal documents. Nevertheless, revenue officials locked up the church building on Feb. 15. At press time area Christian leaders were meeting with authorities to resolve the matter. 

Karnataka – Hindu extremists from the Rakshana Vedike, affiliated with the Rashtriya Swayamsevak Sangh, on Feb. 8 attacked a pastor identified only as Timothy G. and two Bible students in Bangalore. An Evangelical Fellowship of India representative reported that the extremists attacked the Christians, who belong to Lord Living Hope Church, as they made their way home after visiting a sick Christian in the area. The extremists verbally insulted them and manhandled them, shoving them and threatening to do more harm if they continued Christian activity in the area. The Christians reported the matter to the police and continued to conduct worship meetings in the area. 

Orissa – Hindu extremists on Feb. 7 attempted to rape a refugee at Mondakai Camp and threatened to harm Christians there if they filed a police complaint against them in Phulbani, Raikia P.S. area. A Christian Legal Association (CLA) representative reported that one unidentified man from the Hindu extremist community followed Afasari Nayak, who had fled her home during 2008 anti-Christian violence, as she went to take bath in a river near the camp after work. Nayak shouted for help as the man started attacking her, and people rushed to rescue her. At about 7 p.m. the suspect along with four other extremists went to the camp and threatened to hurt the Christians if they filed a complaint, saying also that the refugee Christians should not return to the village unless they convert to Hinduism, the CLA source said. 

Orissa – Police arrested 11 Christians after Hindu extremists filed a complaint against them of assault on Feb. 3 in Badimunda, Kandhamal. The Evangelical Fellowship of India (EFI) reported that Hindu extremists verbally abused two Christians and threatened harm unless they stopped worshipping Jesus; when the two Christians asserted their right to worship Christ, the extremists began beating them. People of both faiths amassed, and the two Christians managed to escape further attack. At about 7:30 p.m. the next day, five extremists showed up at the same place searching for the two Christians. Forcefully entering the house of Dibyakand Nayak, a Christian, one of the extremists hurt his own forehead, according to EFI. Upon seeing this, the extremists started beating Nayak. They damaged household goods and dragged him to the police station. Police arrested 11 Christians for allegedly causing hurt, causing hurt by dangerous weapons and obscene acts and songs. All except Nayak were released on bail.

Orissa – Two Fast-Track Courts on Jan. 30 convicted 15 people and acquitted 39 others in cases related to anti-Christian violence in August 2008. Judge Sobhan Kumar Das sentenced 13 people to five years imprisonment and fined them 2,500 rupees (US$54) each for torching houses in the Sarangarh area, Kandhamal district, between August 2008 and October 2008. The court, however, acquitted 17 people for “lack of evidence” in the same case. In a separate case related to arson at Ranjabadi village of Kandhamal district, the court sentenced two persons to five years of prison and imposed a fine of 2,000 rupees (US$43) on each of them. Judge C.R. Das of Fast-Track Court II acquitted four people who were accused of violence in Baliguda block, while 18 people were acquitted in another case of arson that took place in Phiringia block, Kandhamal. The district was rocked by anti-Christian violence that lasted more than three months after the Aug. 23, 2008 death of Swami Laxmanananda Saraswati, who was assassinated allegedly by Maoists.

Andhra Pradesh – About 50 Hindu extremists on Jan. 29 accused a pastor of forceful conversion and forced him to eat food offered to Hindu idols in Secunderabad. The All India Christian Council reported that the extremists stopped Pastor Satyam Yellasiri of Good Shepherd Community Church at about 9:30 p.m. as he was returning from a birthday celebration and accused him of forceful conversion. The extremists forced him to eat the food offered to Hindu idols and threatened to beat him when he refused. Police, alerted by the extremists, arrived and took the pastor to the police station, where they detained him for two hours. Officers initially refused to register his complaint against his assailants. The next day, though, with area Christian leaders intervening, police accepted the complaint. Officers claimed they detained the pastor as a safety measure and assured the Christians that immediate action would be taken against the attackers. 

Karnataka – On Jan. 24 in Bidarikere, Chitradurga, Hindu extremists from the Rashtriya Swayamsavak Sangh broke into the worship meeting of Indian Evangelical Mission and assaulted a Christian worker. The Evangelical Fellowship of India (EFI) reported that at about 10:30 a.m. the extremists barged into the meeting shouting slogans and started beating H. Raju, who was leading the meeting, and accused him of forceful conversion. They also burned Bibles and Christian literature and dragged him out to the streets, forcing him to identify Christians’ homes in the area, according to EFI. Entering three Christian houses, the Hindu hardliners threatened to harm Christians if they did not stop worshipping Jesus. Local Christian leaders on Jan. 27 filed a police complaint with Jagalur police, and the next day police arrested three extremists. 

Karnataka – Hindu extremists accompanied by local police stopped the worship service of Calvary Gospel Church (CGC) on Jan. 24 in Dudda, Hassan. Two local police stopped the Sunday worship in the rented house of Sekhar Chandra and his wife, Kala Chandra, and chased the Christian worshippers out of the house. Hindu extremists had filed a complaint against the couple, whose rented home was being used for the worship service. After the Jan. 24 disruption, Hindu extremists announced to all villagers they were not to allow any house be used for Christian worship. Subsequently, the landlord along with an agitated mob threw the couple out of their rented house, along with their household goods. The Christian workers are now renting the house of another Christian in the same area and are continuing their ministry. 

Madhya Pradesh – Hindu extremists from the Bajrang Dal accompanied by Madhya Pradesh police stopped the worship meeting of Central India Christian Mission’s (CICM) Shahdol Christian church on Jan. 23 and forced church members to falsely testify against Pastor S.K. Ashawan in Shahdol. A source reported that the extremists barged into the prayer meeting attended by about 35 Christians, verbally abused them and dragged them to Shahdol police station. Amassing at the police station, the angry extremists beat, punched and kicked the Christians, forcing them to testify falsely against the pastor by saying he offered each of them 5,000 rupees (US$108) to convert them to Christianity and also forced them to eat beef. Under pressure, the Christians gave a written statement with these accusations. Police summoned the pastor, detaining and questioning him for two hours. The town inspector told Pastor Ashawan that 35 Christians had testified against him, and he threatened to beat and arrest the pastor if he did not give him 100,000 rupees (US$2,168). “It was midnight, and I was under pressure with the police threatening to beat and put me in jail if I did not submit the money,” Pastor Ashawan told Compass. The pastor started calling area Christians for help. That night, a source said, 100,000 rupees arrived into the inspector’s hands. Ajay Lal, Director of the CICM, took the matter to administrative authorities, but state Chief Minister Shivraj C. Chauhan advised the area district collector to close the case immediately. Christian leaders planned take the matter to a higher court.

Andhra Pradesh – Hindu extremists on Jan. 10 stormed a house church, disrupting worship and beating a pastor in Jillelguda L.B. Nagar, Hyderabad. The Global Council of Indian Christians (GCIC) reported that at 9 a.m. nearly 50 area extremists belonging to the Rashtriya Swayamsevak Sangh barged into Heavens Glory Church, shouting Hindu devotional chants. Repeatedly slapping Pastor Benhur Johnson, they falsely accused him of forcible conversion and warned him against conducting Christian services in the area. The extremists also beat some who came forward to help the pastor. A GCIC regional coordinator told Compass that Christians telephoned police, who rushed to the church and stopped the attack. Pastor Johnson along with other Christians went to police to register a complaint, but an official mediated an agreement between them and the extremists. The pastor told Compass that no worship was held on Jan. 17 or 24 out of fear of another attack.

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