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

Christian Woman in Pakistan Abused, Forced to Resign

Sanitation worker on verge of receiving benefits; in another village, church builders attacked.

SARGODHA, Pakistan, June 10 (CDN) — A Christian woman here said she has been falsely accused of theft, beaten, threatened with rape and forced to resign her job in a bid to keep her from obtaining full benefits as a regular government employee.

Razia Bibi, a 38-year-old sanitation worker known as Rajji of village No. 47-NB (Northern Branch), Sargodha, was due to obtain regular status as a government employee at Aysha Girls’ Hostel at the University of Sargodha at the end of May. On May 7, however, Muslim office worker Safia Bibi accused her of stealing 10,000 rupees (US$120) from her cubicle – and when Muslim hostel warden Noshaba Bibi learned of it, she called female police officers and ordered them to beat her until
she confessed, Rajji said.

“Lady police constables subjected me to inhumane thrashing with bamboo sticks and kept saying that I must confess or they would not spare me,” she said, adding that she was beaten for four hours in one of the hostel rooms. “I said that, being a Christian from childhood, I had learned not to steal, therefore I told them the truth, but it seemed they were bent on making me confess a crime I had not committed.”

Her comment about being a Christian and therefore not having stolen anything seemed to especially enrage Safia Bibi and Noshaba Bibi, she said.

“Hostel officials turned violent, and they called Haaser Khan, the chief security officer of the university, accompanied by two junior security guards, and ordered them to take me into a cubicle and take off my clothes and rape me,” she said. “I raised a cry for help, but there was no one to help me.”

Her husband, Nayyer Aftab, told Compass that someone informed him that his wife was in serious trouble at her workplace. Rushing to the girls’ hostel, he said, he found the security guards dragging his wife on the ground as she screamed for help. When Aftab asked why they were treating her this way, Khan charged him with his baton and left him injured on the ground, Aftab said. The chief security officer took Rajji inside.

“Both hostel officers, Noshaba and Safia, told me that Rajji had stolen 10,000 rupees, and that because she didn’t confess her crime the security guards were going to teach her a lesson,” Aftab said.

Aftab said he knew that his wife would not confess to theft even to spare herself from rape, and he pleaded with the two accusers to stop the security guards, promising that he would pay them the amount of the allegedly stolen money.

“At this both Safia and Noshaba ordered to bring Rajji out and not rape her,” Aftab told Compass. “They gave me an hour to make payment of the allegedly stolen amount.”

He said he went to friends and relatives to gather up the 10,000 rupees and gave it to Safia Bibi and Noshaba Bibi, but Aftab said they still compelled his wife to resign by forcibly obtaining a thumb print from the illiterate woman on a resignation statement.

Rajji said she had been happily looking forward to obtaining regular employee status.

“In three weeks I was going to become a regular employee as a sanitation worker at the university, but as I am a Christian, the Muslim hostel officers Safia and Noshaba wanted a Muslim regular employee after their hearts instead of me,” she told Compass.   

Noshaba Bibi initially refused to comment on the allegation that she falsely accused the Christian woman of theft in order to provide a job to someone of her choice. After repeated questioning by Compass, however, she became exasperated and used coarse language, yelling, “Yes, I have done it, do whatever you want!”

The Christian couple in the village in Punjab Province has an 8-year-old daughter and two sons, ages 9 and 5.


Christians Beaten, Jailed

In a village in southern Punjab Province, Muslim extremists on Saturday (June 5) attacked Christians trying to construct a church building, and then got police to file charges against them for defending themselves, according to the All Pakistan Minorities Alliance (APMA).

A club-wielding Muslim mob led by Muhammad Nazir Ahmed beat Christians who were laying the foundation for the church building in village No. 184/9-L, in Cheechawatni of Sahiwal district, seriously injuring several of them, said Javed Akber Gill, APMA district coordinator in Sahiwal.

Ahmed later enlisted Inspector Allah Ditta, station house officer at the Dera Rahim police station, to file charges against four Christians – Noreen Mumtaz, who is pregnant, and her husband Mumtaz Inayat, Aftab Inayat and Kashif Masih, Christian sources said. All four were charged with critically injuring others and attempting to kill or threaten to kill, they said.

Inspector Ditta refused to respond to repeated requests by Compass for comment on allegations that he colluded with the Muslim extremists to falsely accuse the Christian victims of the attack.

The accused Christians pleaded with police that they were innocent, to no avail. Gill said that he was doing his best to resolve the issue peacefully in an attempt to avert the kind of violence that hit the Christian communities of Gojra and Korian in July and August of 2009 and Shanti Nagar in 1997.

The Rev. John Rizwani of Cheechawatni city said the government had allotted a small piece of land to the Christians for the building and that they had permission to build. There are only 25 Christians’ homes amid the approximately 500 Muslim homes in the village.

Ferhan Mazher, chairman of Rays of Development Organization, Azher Kalim, general secretary the Christians Lawyers Foundation and Khalid Gill, head of APMA in Punjab, condemned the attack.

“Attacks on worship places usurp basic human rights and constitute a conspiracy to belittle the name of Pakistan worldwide,” Mazher said.

Report from Compass Direct News

Pakistani Muslims Gun Down Christian Friend

They order him to convert to Islam or die, after accusing him of murder.

MUREEDKAY, Pakistan, December 21 (CDN) — A group of Muslims shot their Christian friend dead this month on the outskirts of this town after saying they would spare his life only if he recanted his faith, according to the young man’s father.

The friends of Patras Masih, who died from gunshot wounds on Dec. 3 in Karol village, Punjab Province, issued the ultimatum to him after accusing him of the murder of their friend Anees Mahammad. An autopsy reported showed Mahammad died from toxic alcohol earlier that day.

Patras Masih’s father, Gulzar Masih, said his son was at home on that day, had no contact with Mahammad, and that his friends accused him of the murder only because he refused to recant Christianity and embrace Islam.

On Dec. 1, Mahammad and three other Muslim friends of Patras Masih – Sohail Muhammad, Imran Muhammad and Amir Muhammad – had arrived with unknown Muslim men and asked Masih to help them find liquor, Gulzar Masih told Compass. Pakistani law forbids Muslims from buying or consuming alcohol. Locally brewed liquor in rural areas of Pakistan can be fatally toxic; this month 14 people died from locally brewed, toxic liquor in Pakistan’s Punjab Province, news website Express India reported today.

“On that night,” Gulzar Masih said, “I also heard them saying in a commanding way in the drawing room of our house, ‘You [Patras Masih] ought to accept Islam and recant your faith, otherwise you and your family will be responsible for the dire consequences.’”   

Patras Masih held fast to his faith, his father said; leaving with his Muslim friends, he bought them a couple of bottles of liquor and returned home.

His voice full of grief, Gulzar Masih said that on Dec. 3, his son’s three Muslim friends arrived at their doorway yelling that he had killed Mahammad, and that they would spare his life only if he converted to Islam. They accused Patras Masih of serving Mahammad a toxic drink in their home the previous day.

When Patras Masih refused to recite the Islamic conversion creed, his father said, Sohail Muhammad, Imran Muhammad and Amir Muhammad sprayed bullets at his chest, killing him instantly.

“My son bravely refused to recant Christianity and clung to Christ,” Gulzar Masih said, dejected but with a small smile on his face. “He bravely embraced martyrdom.”

He said these same three friends on several occasions had pressured Patras Masih to convert to Islam, “but my son never accepted their invitation and always turned down their request to recant Christianity in a healthy and polite manner.”

When his father asked him about his friends’ Dec. 1 threats, Patras Masih told him that they often insisted that he become a Muslim. Though the young men had been friends since childhood, Gulzar Masih told his son to stop seeing them, he said. 

Sternly denying that his son was capable of killing a human being., he pointed out that Patras Masih’s friends accused him of serving Mahammad a toxic drink at Masih’s home on Dec. 2, but that Mahammad died on Dec. 3.

“Surely it is a conspiracy against him because he refused to meet their unreasonable demands,” the frail, bereaved father said. “They were ready to spare him only if he converted to Islam by reciting the holy Kalima [Islamic affirmation of faith], an emblem that one has become a Muslim.” 

He said that all four Muslim men had been friends of Patras Masih since childhood.

Gulzar Masih said that Ferozewala police have registered a murder case against the three suspects, but that they are all still at large and his family is vulnerable to further attacks.

Report from Compass Direct News