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

Chinese religious freedom activist awarded Nobel Peace Prize

A Chinese human rights dissident and democracy advocate was awarded this year’s Nobel Peace Prize on Friday, reports Peter J. Smith, LifeSiteNews.com.

Liu Xiaobo is the architect of a pro-democracy and human rights manifesto called Charter 08, which called for basic freedoms such as freedom of religion, assembly, protection of private property, and the guarantee of rights outlined under the U.N.’s Declaration of Universal Human Rights.

Authorities arrested Liu two days before the Charter’s December 8, 2008 release and charged him with "inciting the subversion of state power." After declaring him guilty, a Chinese court sentenced Liu on Christmas Day 2009 to 11 years in prison.

The Nobel committee in particular cited Liu’s pacifism in challenging communist China’s human rights abuses and calling for democratic reforms.

Liu was nominated in part by eight U.S. lawmakers who praised his work and suffering for human rights in China.

On behalf of himself and seven other U.S. Congressman, Rep. Chris Smith (R-N.J.) recommended that the Nobel Peace Prize Committee recognize not only Liu, but jointly award the prize to two other human rights activists, Chen Guangcheng and Gao Zhisheng, who have been persecuted specifically for fighting China’s brutal policy of forced abortion and sterilizations under the “one-child” policy.

Chen is a blind self-taught lawyer, who took the burden upon himself to defend local Chinese peasant women from forced sterilization and their children from forced abortion by local government authorities.

Gao, a Beijing attorney committed to defending human rights in China, was one of Chen’s lawyers. On February 4, 2009, Gao went missing under suspicious circumstances.

Geng He, Gao’s wife, told the Associated Press that she has not spoken to her husband since April and fears for his safety.

The Chinese Foreign Ministry has blasted the Nobel committee’s selection of Liu, calling the award a “blasphemy” and Liu a “criminal.”

"The Nobel Peace Prize is meant to award individuals who promote international harmony and friendship, peace and disarmament. Liu Xiaobo is a criminal who has been sentenced by Chinese judicial departments for violating Chinese law,” the ministry said on its website. “Awarding the peace to Liu runs completely counter to the principle of the award and is also a blasphemy to the Peace Prize."

The AP reports that news of Liu’s Nobel award has been blacked out in China. It added that Liu Xia, his wife, is guarded in her Beijing apartment by police, who have forbidden her from meeting with reporters.

Liu’s wife, who is able to communicate by telephone and electronic media, told CNN that she intends to visit him in prison soon to inform him of the prize, and encourage him. She hopes to be able to visit Norway to collect the award on his behalf.

Last year’s Nobel Peace Prize recipient was President Barack Obama, who was nominated shortly after his presidential inauguration. Obama praised Liu for his sacrifice in a statement and called upon Chinese authorities to release him from prison.

“By granting the prize to Mr. Liu, the Nobel Committee has chosen someone who has been an eloquent and courageous spokesman for the advance of universal values through peaceful and non-violent means, including his support for democracy, human rights, and the rule of law,” said Obama.

Report from the Christian Telegraph

Plinky Prompt: An Historical Person I Would Like to Speak to for Advice

My first choice would be Jesus Christ, because I’m a Christian. However, if not Jesus and someone else (I know the Plinky Prompt didn’t ask that specifically) then who to choose?

I would probably have to say John Calvin, the Protestant Reformer. Why? I admire Calvin greatly – not that I agree with him on everything. He was a strong believer who was used much of God in Geneva. For someone who followed the Lord and his rock solid faith rooted firmly in the Scriptures, it has to be Calvin.

Hung Parliament Likely in Australian Federal Election

Greens and Independents to Hold Balance of Power in Both Houses

It would seem that the likely outcome of the 2010 federal election in Australia is that of a hung parliament, with government going to the party that gains the support of one or two possible Greens members of parliament in the lower house, and three other independent members of parliament in the lower house. It seems likely that the Greens will hold the balance of power in the Senate.

The Greens have now clearly become the third major political party behind the Australian Labor Party (ALP) and the Liberal Party (Lib) – National Party (Nat) coalition. They have now gained a representative in the lower house with the seat of Melbourne in Victoria falling to Adam Bandt. It is possible that the seat of Grayndler in New South wales (NSW) could also fall to the Greens, with ALP member Anthony Albanese in a close fight with Sam Byrne of the Greens.

The three other certain independents, all former National Party members, are Bob Katter (Kennedy – Queensland, Tony Windsor (New England – NSW) and Rob Oakeshott (Lyne – NSW)

The ALP has also lost large numbers of seats in Queensland ( QLD – Flynn, Leichhardt, Forde, Bonner, Dickson, Herbert, Longman, Brisbane and Dawson) and seats in NSW (Bennelong, Macarthur, Macquarie and Gilmore), one in the Northern Territory (Solomon), one in Western Australia (Hasluck) and possibly one in Tasmania (Denison) to independent Andrew Wilkie. It would seem that a total of 18 or 19 seats have been lost by the ALP. They have gained two in Victoria, winning La Trobe and McEwan.

The ALP’s greatest hope would seem to be the seat of Boothby in South Australia, which still appears too close too call. At this stage Denison in Tasmania remains an ALP seat, but it also remains too close to call.

It seems to me that there will be 73 seats to the ALP (possibly 72 if Grayndler falls to the Greens in NSW), 73 seats to the Coalition, one seat to the Greens (possibly 2 if they pick up Grayndler in NSW – who would lean to the ALP) and 3 to the Independents (all formerly National Party members who would likely lean to the Coalition). If these predictions prove to be true, it would seem that the Coalition will be able to form a minority government with the support of the Independents.

After the promise of the ALP in the previous election and the result that occured, the ALP should have held office for at least two terms. However, the ALP has failed to deliver and instead gave Australia a very lazy, poor and mediocre government. Under Kevin Rudd the ALP successfully steered Australia through the financial crisis, for which Australians should be very thankful. However, there has also been poor management of ecomomic stimulus projects, environmental issues and other projects, which have left many Australians disillusioned with the government. This of course led to the downfall of Kevin Rudd prior to the election and the elevation of Julia Gillard to the Prime Ministership of the country. This was too little too late to save the ALP from electoral disaster and the Australian people have delivered swift punishment for their failure to deliver what we had hoped for under the Kevin Rudd led ALP government.

Perhaps the experience of a hung parliament and a minority government, from whichever side of politics, will result in someone or some party standing up with a real commitment to governance and leadership in Australia. At the moment there seems little of both and the Australian people are largely disillusioned with both major parties. The ALP should prepare itself for major defeats in state elections over the next couple of years, especially in New South Wales and Queensland, where voters are fed up with poor government – not that the alternatives are much better.

Convicted Hindu Nationalist Legislator in India Released on Bail

Stunned Christians suspect bias in case of politician’s role in Orissa violence.

NEW DELHI, July 30 (CDN) — Less than a month after Orissa state legislator Manoj Pradhan was sentenced to seven years of prison for his part in anti-Christian mob violence in 2008, he was released on bail pending his appeal.

Along with fellow Hindu nationalist Prafulla Mallick, Pradhan on June 29 was convicted of causing grievous hurt and rioting in connection with the murder of a Christian, Parikhita Nayak. Justice B.P. Ray heard the petition on July 7, and the same day he granted Pradhan and Mallick bail conditional on posting bail bond of 20,000 rupees (US$430) each.

Pradhan and Mallick were released from jail on July 12 and await the outcome of an appeal to the Orissa High Court.  

Attorney Bibhu Dutta Das said that ordinary people don’t get bail so easily when convicted of such crimes, and he questioned how Pradhan could be granted release just for being a legislator.

“It takes years for convictions in High Court,” Das told Compass. “We will not sit silent. We will challenge this bail order in the [New Delhi] Supreme Court very soon.”

The Christian community expressed shock that someone sentenced to seven years in prison would get bail within seven days of applying for it.

“I am very disappointed with the judiciary system,” said Nayak’s widow, Kanaka Rekha Nayak, who along with her two daughters has been forced into hiding because of threats against her. “I went through several life threats, but still I took my daughters for hearings whenever I was called by the court, risking my daughters’ lives – certainly not for this day.”

In addition to the bail, the court has issued a stay order on the 5,000 rupee (US$107) fine imposed on Pradhan and Mallick. Attorney Das told Compass the decision was biased, as the Lower Court Record was not even consulted beforehand.

“This is the normal court procedure, and it was bypassed for Pradhan,” he said. “The judgment was pre-determined.”

Dibakar Parichha of the Cuttack-Bhubaneswar Catholic Archdiocese told Compass, “Sometimes the judicial system seems mockery to me. One court convicts him, and another one grants him bail.”

The rulings are demoralizing to those who look toward the courts for justice, he said.

“There is a very powerful force behind this. It is not as simple as it looks,” Parichha said.

Dr. John Dayal, secretary general of the All India Christian Council, said he was surprised by the orders.

“While it is a legal right for anybody to get bail, it is surprising that Pradhan was wanted in so many cases, and he can coerce and influence witnesses,” Dayal said. “His petition should not have been granted.”

The two Hindu nationalists were convicted by the Phulbani Fast Track Sessions Court I Judge Sobhan Kumar Das. Pradhan, member of the state Legislative Assembly (MLA) from G. Udayagiri, Kandhamal for the Hindu nationalist Bharatiya Janata Party (BJP), filed a petition stating that his name was not mentioned in the original First Information Report filed by Kanaka Rekha Nayak, but that he was dragged into the case later.

The bail order includes a warning to Pradhan to refrain from intimidating witnesses, stating, “The petitioner shall not threaten the witnesses examined.”

Rekha Nayak, along with her daughters Lipsa Nayak (4 years old when her father was killed) and Amisha Nayak (then 2 years old) were eyewitnesses to the murder of her 31-year-old husband, a Dalit Christian from Tiangia, Budedipada, in Kandhamal district. He was murdered on Aug. 27, 2008.

Rev. Dr. Richard Howell, general secretary of the Evangelical Fellowship of India, urged the Christian community to keep hope.

“The case is still on, not that it has come to an end,” he said. “There is a move that is being made to take the case further.”

Attorney Das has said he plans to appeal Pradhan’s sentence of seven years, in hopes of increasing it to life imprisonment.

 

Cases

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

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

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

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

The Times of India reported Pradhan as “one of the close disciples” of Vishwa Hindu Parishad (VHP or World Hindu Council) leader Swami Laxamananda Saraswati, whose assassination on Aug. 23, 2008, touched off the anti-Christian violence in Kandhamal and other parts of Orissa.

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

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

In recent court actions, Fast Track Court-II Additional Sessions Judge Chittaranjan Das on July 21 acquitted nine persons who had been arrested in the Tikabali area for various offenses, including arson, due to “lack of evidence.” The main charge against them was torching of a church on Aug. 28, 2008 at Beladevi village.

At least 132 persons have been convicted in different cases related to the 2008 violence in Orissa’s Kandhamal district, state Chief Minister Naveen Patnaik said on July 19. Patnaik said that 24 members of the Hindu extremist Bajrang Dal (Youth Wing of World Hindu Council) and VHP have been arrested and jailed.

Revenue and Disaster Management minister S.N. Patro said on July 21 that the 55 Christian places of worship were damaged in Tikabali block; 44 in G. Udaygiri; 39 in Raikia; 34 in K. Nuagaon; 19 in Baliguda; 16 in Daringbadi; nine in Phulbani; six in Kotgarh; five in Tumudibandha; and one each in Phiringia and Chakapada blocks.

 

SIDEBAR

India Briefs: Recent Incidents of Persecution

Karnataka – Hindu extremists from the Rashtriya Swayamsevak Sangh accused a pastor in Aldur of forceful conversion on July 24 and threatened him, telling him not to preach about Jesus. The All India Christian Council reported that the extremists filed a police complaint against Pastor Anand Kumar of forceful conversion. Both police and extremists ordered Pastor Kumar to remove the cross and name plate of the church. At press time area Christians were taking steps to resolve the issue.

Jammu and Kashmir – The state’s Foreigners Registration Officer reportedly issued a notice to a senior Christian worker to leave India by July 20 after a false complaint of forceful conversion was filed against him. The Global Council of Indian Christians reported that the state succumbed to pressure by Muslim extremists to deport Father Jim Borst, who has run Good Shepherd School in the Kashmir Valley since 1963. The school has been attacked on two occasions by members of other schools who felt they were unable to compete with it. For eight years these groups have led a campaign against Borst, claiming he was forcibly converting people under the guise of providing education. Borst, who denies the charge, has a valid visa till 2014. The interior minister reportedly said he had no knowledge of the deportation order, and Borst’s superiors indicated he would not leave.

Madhya Pradesh – Hindutva (Hindu nationalist) extremists on July 18 disrupted Christian worship in Barwaha, near Indore. The Global Council of Indian Christians reported that Pastor Subash Chouhan of the Indian Evangelical Team was leading Sunday worship when the extremists stormed in on the terrified Christians. They accused Pastor Chouhan of forceful conversion, photographed the congregation and told the pastor to close his tailoring school, which includes non-Christian students. This is the second time Pastor Chouhan has been arrested on false charges of forceful conversion; previously he was jailed for three days. The case was pending at press time.

Punjab – Police arrested Christians on July 10 after Hindu nationalists beat them, falsely accusing them of forcible conversion in Gurdaspur. Members of the Indian Pentecostal Church of God (IPCG) Western Region were visiting houses in the area on a social outreach mission when a group of extremists began to argue with them and then started beating four of them with their fists and shoes. Later they handed the Christians over to police, along with three more Christian men and five Christian women, complaining that they were converting people from the Hindu religion. Pastor Promod Samuel, along with the IPCG head A.M. Samuel, rushed to the Gurdaspur City police station to help the Christians, but officers detained them as well. Samuel told Compass that the president of the Hindu extremist groups Shiva Sena and Bajrang Dal, as well as many other Hindu nationalist leaders, gathered at the police station clamoring for officers to file charges against the 14 Christians. Hearing of the arrests, Christian leaders of Gurdaspur requested their release. The Christians were not released until Samuel signed an agreement assuring that Christians would not enter any non-Christian home. “The extremists are continuously following us around, to keep a check on us.” Samuel said.

Andhra Pradesh – Hindu extremists toppled a church building and attacked Christians on July 6 in Parawada, Visakhapatnam. The All India Christian Council (AICC) reported that local Hindu extremists were jealous and angry that a church stood at the entrance of the village and urged the Christians to move. The extremists threatened to attack the Christian community, claiming that they would allow no church in the area. When the church pastor refused to give in to their demand, they began damaging his household goods and pulled down the church building. The extremists also stopped the Christians from drawing water from a well. AICC was taking steps to resolve the matter at press time.

Madhya Pradesh – Police on July 4 arrested and charged two Christians under the state’s controversial “anti-conversion” law at Jawahar Nadar, Adharthal. According to the Global Council of Indian Christians (GCIC), a member of the Apostolic Christian Assembly, Shravan Kuman Dubey, invited Vishal Lal to lead a prayer service for his 6-year-old son Ravi’s birthday. Around 7:30 p.m., during prayer, a mob of nearly 75 Hindu nationalist extremists accompanied by police entered the house and falsely accused those present of forced conversion, taking 14 Christians to the Adhartal police station. After nearly four hours, police charged Shravan Kumar and Vishal Lal with forcible conversion and sent the others home. With GCIC intervention, both were released on bail the next day.

Madhya Pradesh – Hindu extremists belonging to the Dharma Raksha Samithi (Religion Protection Council) on June 28 stopped a Christian school bus and questioned young elementary students in Indore. The Global Council of Indian Christians reported that the bus was carrying Christian students from Orissa to their school in Indore. The extremists ordered the young students to get out of the bus and asked them whether forceful conversion was taking place, frightening the schoolchildren as police remained mere spectators. After threatening to harm the Christians if they carried out any Christian activities, they let them go. Area Christian leaders condemned the incident as a sign of Hindu extremists’ “reign of terror” in the state and demanded an investigation.

Karnataka – On June 13 in Anekal, Bangalore, Hindu extremists from the Rashtriya Swayamsevak Sangh beat a pastor whom they accused of forceful conversion. The Evangelical Fellowship of India reported that, in an apparently premeditated attack, an unidentified extremist telephoned Pastor Sam Joseph to come and pray for a sick person. The pastor agreed, only to be taken to a gathering of Hindu extremists with media people. The extremists accused the pastor of forceful conversion, beat him up and dragged him to Hebbagudi police station. Police released the pastor without charges after forcing him to agree that he would no longer lead Christian meetings.

Himachal Pradesh – State officials on June 5 sealed a Mission India building, claiming that it belongs to “outsiders,” in Bari, Mandi district. The Evangelical Fellowship of India’s (EFI) advocacy desk reported that the government closed the building, which functioned as a Bible study center and orphanage, claiming that no land in the area could be owned by non-native people. Pastor Sam Abraham told Compass that Mission India purchased the plot in 2005, constructed a building in 2007 and began using it as a Bible study center and orphanage in 2008. In July 2008, Hindu extremists filed a complaint against Mission India of forceful conversion and demanded the building be shut down. The extremists have since accused the Christians of forceful conversion, verbally abused them for their faith and threatened to kill them if they did not leave. Mission India officials asserted that the land legally belongs to them and that they have all necessary documents. At press time the Christians were looking for a place to rent that would accommodate at least 10 orphans.

Report from Compass Direct News

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

Plinky Prompt: When was the Last Time that You Thanked Someone?

The last time I thanked someone was probably this morning when I bought the morning papers. However, the last time I thanked someone with strong meaning, rather than just a simple (though real) thank you, was on Thursday last week. The occasion of my giving thanks was when a person gave me a bicycle because they knew mine was no longer any good and I was therefore completely without transport. So I was very thankful for this very kind gesture.

BRITAIN’S GOT TALENT: A Woman that can Sing

Here is a someone that can actually sing:

BANGLADESH: SUSPECTS CHARGED IN RAPE OF PASTOR’S DAUGHTER

Investigation, DNA test point toward two alleged rapists; one remains at large.

DHAKA, Bangladesh, October 1 (Compass Direct News) – Police have submitted a charge sheet to a district court accusing two persons of raping a pastor’s daughter in the village of Laksmipur, said a state prosecutor.

Sayed Tariqul Islam told Compass that police submitted the charge sheet on Sept. 7 based on an extensive investigation following a DNA test that turned out positive. Pastor Motilal Das, who has long received threats from villagers upset with his success as an evangelist, said that local residents gang-raped his 13-year-old daughter in an attempt to drive him from the area.

State prosecutor Islam said Shakil Ahmed Shebul and Dulal Miah are charged with raping Elina Das at 3 a.m. on May 2. If convicted, they will receive life terms in prison, he said.

“The DNA report is everything to prove them guilty, and I expect that they will be punished with life-term imprisonment,” said Islam.

Previously a medical college had submitted a false forensic test report indicating no evidence of sexual assault. Villagers in Laksmipur, in Fulbaria sub-district 120 kilometers (75 miles) north of Dhaka, believe relatives of the accused men paid off the Mymensingh Medical College Hospital Forensic Department to fabricate the false test results.

Pastor Das has said relatives of the alleged rapists have offered him a large sum of money to withdraw the case or settle out of court – while continuing to threaten him. He had found his daughter lying unconscious in front of his house early in the morning of May 2, he said, after five men from Mymensingh district raped her.

The charge sheet submitted by police and the positive DNA report state that the girl’s clothes were torn and marked with the semen of Shebul. A close neighbor of Pastor Das, Shebul applied for bail on Tuesday (Sept. 29), but the court refused to grant it, said Islam.

Miah remains at large. Local police inspector Tarapod Shikder told Compass that assiduous efforts were underway to arrest him.

Pastor Das told Compass that he was dismayed that the charge sheet did not require Shebul to be taken on remand by police for interrogation.

“If the arrested person was held on remand for interrogation, police would get more information regarding other rapists,” Pastor Das.

Inspector Shikder told him that police had already taken Shebul on remand for interrogation and obtained little information, Pastor Das said.

“Nonetheless,” Pastor Das said, “the charge sheet will help to heal the scars of my grief-stricken daughter if proper justice is done.”

 

Upset Neighbors

Defending the initial false DNA report, Forensic Department head Akhteruzzaman Talukder of Mymensingh Medical College Hospital had told Compass that he did not find any gang-rape injury or trace of forced sexual activity.

Pastor Das’s daughter “might have had a love affair with someone in the village,” Talukder said. “Her lover might have been guarded there by his several friends. When the family members came to know the incident, they cooked it up as gang rape.”

Pastor Das and Muslim villagers were extremely upset by the initial forensic report. He subsequently had his daughter’s clothes tested for DNA profiling at the National Forensic DNA Profiling Laboratory of Dhaka Medical College Hospital.

His Muslim neighbors, he said, consider the positive DNA test a ray of hope for proper judgment. Pastor Das acknowledged his gratitude to some of the village neighbors who gave him moral support during that time.

“I cannot express my gratitude in words to some of my Muslim neighbors in the village who gave me courage and moral support to go forward when I got the false forensic report from Mymensingh Medical College,” he said.

When Pastor Das initially went to police to file charges, he said, police were reluctant to register the case.

“Police told me that it was a false case,” he said. “They also said that it was a fabricated drama. Police spoke with my daughter in filthy language and showed prurient interest in the details of the incident in front of us rather than filing the case quickly.”

The U.S. Department of State’s 2008 International Religious Freedom Report, released in Sept. 19, notes that Bangladeshi government officials, “including the police, were often ineffective in upholding law and order and were sometimes slow to assist religious minority victims of harassment and violence.”

The day of the alleged rape, the U.S. Commission on International Religious Freedom announced annual recommendations for countries to be designated “Countries of Particular Concern,” but it did not include Bangladesh.

Rather, the commission put Bangladesh on its “Watch List” due to the nature and extent of violations of religious freedom engaged in or tolerated by the government. Other countries on the Watch List are Afghanistan, Belarus, Cuba, Egypt, Indonesia and Nigeria.

According to USCIRF, Islamist radicalism and violence, the threat of serious violence and continued discrimination against members of religious minority communities remain significant concerns in Bangladesh.

Story from Compass Direct News