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

Muslims Murder Pakistani Christian with Axe Blows

Rival merchants threatened to kill potato seller if refused to convert to Islam.

MIAN CHANNU, Pakistan, March 22 (CDN) — Six Muslims in Khanewal district, southern Punjab Province, killed a Christian with multiple axe blows for refusing to convert to Islam this month, according to family and police sources.

The six men had threatened to kill 36-year-old Rasheed Masih unless he converted to Islam when they grew resentful of his potato business succeeding beyond their own, according to Masih’s younger brother Munir Asi and a local clergyman. The rival merchants allegedly killed him after luring him to their farmhouse on March 9, leaving him on a roadside near Kothi Nand Singh village in the wee hours of the next day.

The Rev. Iqbal Masih of the Mian Channu Parish of the Church of Pakistan said Rasheed Masih was a devoted Christian, and that both he and his brother Asi had refused the Muslims’ pressure to convert to Islam.

“As the Christian family strengthened in business and earned more, the Muslim men began to harbor business resentment, as Muslims are not used to seeing Christians more respected and richer than them,” the pastor said. “That business rivalry gradually changed into a faith rivalry.”

Mian Channu police have registered a case against the six men and an investigation is underway, but the suspects are still at large, police officers told Compass. Police said the suspects were Ghulam Rasool, Muhammad Asif, Muhammad Amjad, one identified only as Kashif and two other unidentified Muslims; they were charged with torture and murder.

Masih’s family lives in Babo John Colony, Mian Channu of Khanewal district. Masih’s brother Asi is a representative of the Council of Mian Channu.

“Our continuous denial to recant our faith and convert gradually turned into enmity,” Asi told Compass. The FIR further states, “Both the Muslim men [Rasool and Asif] were not only inviting them to Islam but hurling threats of dire consequences and death on them for the last six months in case they refused to convert.”

Police said Rasool – a radical Muslim who along with Asif had threatened to kill the brothers if they did not convert, according to Asi – called Rasheed Masih to his farmhouse ostensibly to purchase potatoes on March 9, and that Rasheed went to it by motorbike at about 5:30 p.m. Waiting for Masih there, police said, were Rasool and Asif with an axe, Amjad and Kashif with iron rods and the two unknown Muslims with clubs.

They began striking him as soon as he arrived, police said.

An autopsy under the supervision of Dr. Muhammad Khalid of Tehsil Headquarters Hospital Mian Channu revealed 24 wounds all over the body of Masih, according to a copy of the report obtained by Compass.

“In my opinion, cause of death in this case is due to the shock caused by all the above-mentioned injuries collectively and torture,” Khalid states in the report. “All the injuries are ante-mortem and sufficient to cause death in an ordinary course of nature.”

According to the FIR, when Asi and two Christian friends went to the farmhouse when Masih failed to return after a few hours, they were stunned to hear Masih shrieking as they witnessed him being beaten and struck with an axe.

“As Ghulam Rasool and his accomplices saw me at the farmhouse,” Asi told police, according to the FIR, “the Muslim men put my fatally injured brother on a motorcycle and then threw him off the road near village Kothi Nand Singh.”

Asi and his Christian friends found Masih by the roadside after he had succumbed to his injuries. The Muslims had absconded with Masih’s motorcycle and 350,000 rupees (US$4,088), as well as his cell phone, according to the FIR.

As Asi and his Christian friends were on their way to the hospital with the body of Masih, a city police station patrol met them and transferred the body to the Tehsil Headquarters Hospital Mian Channu.  

At press time the Muslim suspects were at large even though police have filed a case strong enough to apprehend and prosecute them, Asi said. He appealed for assistance from Christian rights groups and politicians, as his family is still receiving death threats in a bid to intimidate them into withdrawing the case, he said, and they feel powerless in comparison with the influence and wealth of the Muslim suspects.

Report from Compass Direct News 

Mastermind of Church Bombing in Nepal Arrested

Christians’ fears little allayed; armed outfits mushrooming.

KATHMANDU, Nepal, September 10 (CDN) — Pastor John Vanlalhriata was reading the Bible at his home in Kathmandu valley Sunday afternoon (Sept. 6) when a friend called to give him the news that electrified the Christian community.

“Ram Prasad Mainali has been arrested by police along with three more accomplices,” the friend said. “Finally, our prayers have been answered.”

The 36-year-old Mainali, who claims to have worked in the national army, became a household name in May after the little-known underground organization he headed, the Nepal Defense Army (NDA), claimed responsibility for placing a bomb in one of Nepal’s oldest churches during mass, killing two women and a schoolgirl and injuring more than a dozen people.

Though police claimed a breakthrough in less than a fortnight, saying they had arrested a 27-year-old woman who planted the bomb in the prayer hall of the Catholic Assumption Church on May 23, the suspected mastermind remained elusive. Despite a red alert for Mainali’s arrest, he remained at large in the former Hindu kingdom, continuing to intimidate Christians by ordering them to leave the country or face further violence. He was arrested on Saturday (Sept. 5) in Biratnagar.

The NDA, founded in 2006 after Nepal deposed King Gyanendra Bir Bikram Shah and became a secular republic, claimed to be grooming an army of suicide bombers in a bid to turn Nepal into a Hindu state again. Since last year, it began to strike in earnest in eastern Nepal, Mainali’s home region.

In March 2008, the NDA bombed a mosque in eastern Nepal, killing two people at prayer, and four months later it gunned down a Catholic priest, the Rev. John Prakash Moyalan, at his residence.

“The Christian community is relieved that Mainali has been arrested,” Pastor Vanlalhriata of the Believers’ Church in Kathmandu told Compass. “They feel Mainali would now learn that it was not good to persecute the church and threaten God’s people. But they are also apprehensive that he might be released soon.”

After the initial joy, that thought is the prospect haunting Nepal’s Christian community – that Mainali and his accomplices could be released soon, either because of legal loopholes or the culture of impunity pervading Nepal since 1996, when Maoist guerrillas began an armed revolt and triggered grave human rights violations for a decade.

“We will have to wait and watch what happens now,” said Balan Joseph, a 42-year-old garment factory employee who lost his teenage daughter, Celeste, in the bombing; eight days later, his wife Buddha Laxmi succumbed to an internal hemorrhage from the blast. “Mainali’s arrest doesn’t mean his gang has been wiped out. Unless the government takes tough action, the morale of all potential killers will rise, and recruits will continue to flock to these gangs.”

Christians have been further anguished by the revelation that Mainali had been arrested previously for an explosion. There were no casualties, and a court granted him bail. On being freed, he promptly went underground, resurfacing Saturday (Sept. 5) in the tea garden district of Jhapa, in eastern Nepal, when police arrested him on a tipoff.

Chirendra Satyal, spokesperson at the Assumption Church, said the possibility of release is the overriding concern. He said a priest told him, only half-jokingly, “I hope the authorities don’t release him again.”

Satyal said he also feels that the threat to Christians has not ended.

“There is a culture of impunity in Nepal,” he told Compass. “This government may fall, and the new one that replaces it may decide to release Mainali. Or he can have a successor stepping into his shoes.”

Ongoing Insecurity

A sense of insecurity still pervades the Assumption Church, which has not relaxed safety measures even after the arrest. Cars are not allowed inside the compound, and handbags have to be left at the gate. Professional security guards have been employed, reinforced by policemen deployed by the government.

The arrests have also failed to erase the terror from the hearts of those who were present in the church on that fatal day, especially the children. While widower Joseph said God has given him strength to bear his loss, his surviving children – Chelsea, 11, and Sylvester, 9, are still traumatized.

“My friends told me about the arrest,” Chelsea told Compass. “But I am still afraid. So is my brother. And though he too knows about the arrest, he has not talked about it with us.”

On Tuesday, authorities brought Mainali to Kathmandu valley, and he appeared before the chief district officer, who gave police permission to hold him in remand for 10 days for further investigation.

“We feel the threat of religious attacks has ended,” said Police Superintendent Devendra Subedi, whose team arrested Mainali. “A day later, we also arrested Vinod Pandey, who headed another underground organization, the Ranavir Sena, which too was demanding the restoration of Hinduism as the state religion. With the heads in the police net, the outfits are bound to collapse.”

Pandey, also arrested from eastern Nepal with an aide, was reportedly planning a series of bomb attacks in the capital and three other major towns: Pokhara, a popular tourist destination, and Biratnagar and Birgunj, two key trade hubs.

Dr. K.B. Rokaya, general secretary of the National Council of Churches of Nepal (NCCN), said the arrests of the militant group leaders will not resolve the problems of violence in Nepal.

“There are over 100 armed groups in Nepal that are engaged in extortion, abductions and killings,” said Rokaya, who is also a member of Nepal’s National Human Rights Commission. “Nepal passed through a decade of armed conflict to reach a transitional period where there is still political instability due to the weak government. Many armed groups are trying to take advantage of the vacuum. It’s not only Christians who are suffering, the entire nation is.”

In the Terai, lowlands in southern Nepal running across the open border with neighboring India, armed gangs have mushroomed since the fall of the royal government three years ago. The Believers’ Church is concentrated there. It is part of Christian Unity, an umbrella of churches of different denominations on the plains that the NDA has repeatedly threatened.

The NCCN is putting its hope in a new constitution being drafted by a 601-member Constituent Assembly in consultation with different political parties, organizations and communities. It is scheduled to be presented in May 2010. The NCCN has submitted its recommendations for protection of religious minorities to the Constituent Assembly, as well as to Prime Minister Madhav Kumar Nepal and President Ram Baran Yadav.

The NCCN’s Rokaya said the recommendations can be summed up in four points: freedom to practice the religion of choice; freedom to change it (a tacit reference to past laws that made conversion a punishable offence); freedom not to practice any religion; and the state not interfering in religious matters.

Report from Compass Direct News