The UK Supreme Court ruling on suspending parliament is a warning for Australian politicians



The UK Supreme Court ruled there was no good reason for Boris Johnson to advise the Queen to prorogue parliament.
Jessica Taylor/UK Parliament Handout/EPA

Anne Twomey, University of Sydney

The UK Supreme Court’s finding that Boris Johnson’s suspension of parliament (or prorogation) was unlawful has raised the question of whether similar judicial action could be taken to challenge a controversial prorogation in Australia.

There have been several occasions in the past when prorogation has been used in Australia to achieve political aims.

For example, in 2016, the Turnbull government used prorogation as a means of forcing the Senate to sit and reconsider a previously defeated bill in order for it to become a double dissolution trigger.

The Keneally government in NSW and the Rann government in South Australia both prorogued parliament for long periods prior to elections. The moves prompted allegations they were intended to shut down embarrassing inquiries, but no one sought to challenge them in court.

In light of the UK legal challenge to Johnson’s prorogation that impeded parliamentary action prior to the Brexit date of October 31, will similar court challenges to these types of suspensions be more likely in the future? And would Australian courts consider hearing such challenges?

What the UK Supreme Court ruled

The UK case potentially has relevance for Australia because it neatly side-stepped the more contentious question of whether the prime minister’s advice to the Queen could be the subject of judicial review on the ground it was given for an improper purpose.

Or as the British media more bluntly put it, whether Johnson lied to the Queen.

Instead, the Supreme Court focused on its judicial power to determine the existence and extent of the executive’s “prerogative” powers.

These are the traditional powers of the monarch that have been passed down over centuries rather than being conferred by law. Australian and UK courts have long recognised that it is up to the courts, through applying the common law, to determine the scope of these powers.




Read more:
Boris Johnson, ‘political Vegemite’, becomes the UK prime minister. Let the games begin


In doing so, the UK court looked to fundamental constitutional principles, such as parliamentary sovereignty and responsible government, as imposing limits on the executive’s power to prorogue.

It recognised that parliamentary sovereignty would be undermined if the executive could prevent parliament from exercising its legislative authority for as long as it pleased.

It also expressed concern that responsible government would be undermined and replaced by “unaccountable government” if parliament were prevented by the executive from scrutinising its actions.

The Supreme Court held that advice to the Queen to prorogue parliament, and any decision based upon that advice, will be

unlawful if the prorogation has the effect of frustrating or preventing, without reasonable justification, the ability of parliament to carry out its constitutional functions as a legislature and as the body responsible for the supervision of the executive.

Whether or not the prorogation has this effect is a question of fact which falls well within the jurisdiction of the courts to determine.

‘Reasonable justification’ to suspend parliament

More controversial is the assessment of what is a “reasonable justification” to suspend parliament.

The Supreme Court pointed out that a short period of prorogation for the purpose of ending a session of parliament and starting a new one would not require further justification.

The court would only need to consider additional justification in “unusual circumstances”. In doing so, it would need to be sensitive to the responsibilities and experience of the prime minister.

In this particular case of the prorogation of the UK parliament for five weeks, the court deemed the circumstances to be not only “unusual”, but “exceptional”.




Read more:
Q+A: Supreme Court rules Boris Johnson’s prorogation of UK parliament was unlawful – so what happens now?


This was because a “fundamental change” in the Constitution of the United Kingdom is to occur on October 31 when the country is due to leave the European Union. In addition, the House of Commons had already demonstrated that it does not support the government on Brexit, and the prorogation would prevent parliament from carrying out its constitutional role for a significant period before that date.

The Supreme Court was also not offered a reasonable justification by the UK government for the length of the prorogation. It was merely told that a new session of parliament was desired so the government’s agenda could be set out in the Queen’s Speech.

Moreover, there was no consideration by the government of how much time was needed to scrutinise and enact legislation prior to the October 31 deadline, or the competing merits of adjourning or proroguing parliament.

The court pointed to the prime minister’s constitutional responsibility to take into account all relevant interests, including those of parliament, when advising the Queen. In an unusually pointed observation, it noted there was “no hint” of Johnson exercising that responsibility.

Based on this evidence, the court ruled it was impossible to conclude there was “any reason, let alone a good reason” to prorogue parliament for five weeks.

This meant that not only was the advice to prorogue parliament unlawful, but also that parliament would be able to continue in session.

Boris Johnson sought the Queen’s approval to prorogue parliament for five weeks. The Supreme Court ruled there was no reason for him to do so.
Victoria Jones/EPA

Will the UK ruling set a precedent in Australia?

Would the same kind of challenge occur if a government prorogued parliament in Australia?

Proroguing parliament for a short time to ensure it sits to exercise its functions, as was done by the Turnbull Government in 2016, would clearly be acceptable.

Proroguing parliament for a long period would be much more vulnerable to challenge if it prevented parliamentary inquiries from continuing, for example, or delayed the tabling of embarrassing documents.

The government would have to be prepared to provide evidence to the courts showing “reasonable justification” for the period of prorogation, if it were challenged.




Read more:
Is Boris Johnson’s prorogation legal? Why Scottish and English judges don’t agree – and why it matters


Would Australian courts be prepared to follow the UK Supreme Court precedent?

They would certainly give serious consideration to it, as this is the only precedent on the prorogation of parliament in a Westminster-style system of government, and the unanimous judgement of a significant court.

Moreover, the UK court’s reasoning is very similar to existing Australian cases in which courts have ruled that the common law must be interpreted in a manner that is consistent with constitutional principles.

This means that Australian governments should, in the future, be quite careful when proroguing parliament. They will need to ensure they do not do so for unnecessarily long periods of time and to prevent parliament from fulfilling its legislative and scrutiny functions, especially during periods of political controversy.

If their action is challenged in the courts, they will also need to be prepared to provide evidence of a reasonable justification for doing so.The Conversation

Anne Twomey, Professor of Constitutional Law, University of Sydney

This article is republished from The Conversation under a Creative Commons license. Read the original article.

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Poll wrap: Phelps slumps to third in Wentworth; Trump’s ratings up after fight over Kavanaugh



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Independent Kerryn Phelps has slumped in the polls ahead of the Wentworth byelection, which was likely caused by changing her position on preferences.
AAP/Mick Tsikas

Adrian Beaumont, University of Melbourne

The Wentworth byelection will be held on October 20. A ReachTEL poll for independent Licia Heath’s campaign, conducted September 27 from a sample of 727, gave the Liberals’ Dave Sharma 40.6% of the primary vote, Labor’s Tim Murray 19.5%, independent Kerryn Phelps 16.9%, Heath 9.4%, the Greens 6.2%, all Others 1.8% and 5.6% were undecided.

According to The Poll Bludger, if undecided voters were excluded, primary votes would be 43.0% Sharma, 20.7% Murray, 17.9% Phelps, 10.0% Heath and 6.6% Greens. Compared to a September 17 ReachTEL poll for GetUp!, which you can read about on my personal website, primary vote changes were Sharma up 3.7%, Murray up 3.3%, Phelps down 4.8%, Heath up 5.6% and Greens down 6.0%. Phelps fell from second behind Sharma to third behind Murray and Sharma.

Between the two ReachTEL polls, Phelps announced on September 21 that she would recommend preferences to the Liberals ahead of Labor, backflipping on her previous position of putting the Liberals last. It is likely this caused her slump.




Read more:
Poll wrap: Labor drops in Newspoll but still has large lead; NSW ReachTEL poll tied 50-50


While more likely/less likely to vote a certain way questions always overstate the impact of an issue, it is nevertheless bad for Phelps that 50% of her own voters said they were less likely to vote for her as a result of the preference decision.

This ReachTEL poll was released by the Heath campaign as it showed her gaining ground. Heath appears to have gained from the Greens, and the endorsement of Sydney Mayor Clover Moore could further benefit her.

Despite the primary vote gain for Sharma, he led Murray by just 51-49 on a two candidate basis, a one-point gain for Murray since the September 17 ReachTEL. The Poll Bludger estimated Murray would need over three-quarters of all independent and minor party preferences to come this close to Sharma.

At the 2016 election, Malcolm Turnbull won 62.3% of the primary vote in Wentworth. While the Liberals’ primary vote in this poll is about 19% below Turnbull, it is recovering to a winning position.

Trump, Republicans gain in fight over Kavanaugh Supreme Court confirmation

On July 9, Trump nominated hard-right judge Brett Kavanaugh to replace the retiring centre-right judge Anthony Kennedy. The right currently has a 5-4 Supreme Court majority, but Kennedy and John Roberts have occasionally voted with the left. If Kavanaugh is confirmed by the Senate, it will give the right a clearer Supreme Court majority. Supreme Court judges are lifetime appointments.

Although Kavanaugh is a polarising figure, he looked very likely to be confirmed by the narrow 51-49 Republican majority Senate until recent sexual assault allegations occurred. Since September 16, three women have publicly accused Kavanaugh of sexual assault when he was a high school or university student.

On September 27, both Kavanaugh and his first accuser, Christine Blasey Ford, testified before the Senate Judiciary Committee. On September 28, without calling additional accusers, the Committee favourably reported Kavanaugh by an 11-10 majority, with all 11 Republicans – all men – voting in favour.

However, after pressure from two Republican senators, the full Senate confirmation vote was delayed for a week to allow an FBI investigation. The Senate received the FBI’s findings on Thursday, and the investigation did not corroborate Ford. Democrats have labelled the report a “whitewash”, but it appears to have satisfied the doubting Republican senators, and Kavanaugh is very likely to be confirmed.

Since the sexual assault allegations against Kavanaugh began, Trump’s ratings in the FiveThirtyEight poll aggregate have recovered to about a 42% approval rating, from 40% in mid-September. Democrats’ position in the race for Congress has deteriorated to a 7.7 point lead, down from 9.1 points in mid-September.

Midterm elections for all of the US House and 35 of the 100 Senators will be held on November 6. Owing to natural clustering of Democratic votes and Republican gerrymandering, Democrats probably need to win the House popular vote by six to seven points to take control.

While the House map is difficult for Democrats, the Senate is far worse. Democrats are defending 26 Senate seats and Republicans just nine, Five of the states Democrats are defending voted for Trump in 2016 by at least 18 points. Two polls this week in one of those big Trump states, North Dakota, gave Republicans double digit leads over the Democratic incumbent.




Read more:
Polls update: Trump’s ratings held up by US economy; Australian polls steady


The FiveThirtyEight forecast models give Democrats a 74% chance of gaining control of the House, but just a 22% chance in the Senate.

Republican gains in the polls are likely due to polarisation over Kavanaugh. In a recent Quinnipiac University national poll, voters did not think Kavanaugh should be confirmed – by a net six-point margin – but Trump’s handling of Kavanaugh was at -7 net approval. Democrats led Republicans by seven points, and Trump’s overall net approval was -12. Kavanaugh was more unpopular than in the previous Quinnipiac poll, but Trump and Republicans were more popular.

The hope for Democrats is that once the Kavanaugh issue is resolved, they can refocus attention on issues such as healthcare and the Robert Mueller investigation into Trump’s ties with Russia. However, the strong US economy assists Trump and the Republicans.

In brief: contest between left and far right in Brazil, conservative breakthrough win in Quebec, Canada

The Brazil presidential election will be held in two rounds, on October 7 and 28. If no candidate wins over 50% in the October 7 first round, the top two proceed to a runoff.

The left-wing Workers’ Party has won the last four presidential elections from 2002 to 2014, but incumbent President Dilma Rousseff was impeached in August 2016, and replaced by conservative Vice President Michel Temer.

Workers’ Party candidate Fernando Haddad and far-right candidate Jair Bolsonaro are virtually certain to advance to the runoff. Bolsonaro has made sympathetic comments about Brazil’s 1964-85 military dictatorship. Runoff polling shows a close contest.

In the Canadian province of Quebec, a conservative party won an election for the first time since 1966.

You can read more about the Brazil and Quebec elections at my personal website.The Conversation

Adrian Beaumont, Honorary Associate, School of Mathematics and Statistics, University of Melbourne

This article is republished from The Conversation under a Creative Commons license. Read the original article.

One party to rule them all: Cambodia’s supreme court rules the dissolution of opposition party



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A worker paints over the logo of the opposition Cambodia National Rescue Party.
EPA/Kith Serey, CC BY-ND

Caroline Bennett, Victoria University of Wellington

Last week the domestic Supreme Court of Cambodia officially dissolved the main opposition party – the Cambodia National Rescue Party (CNRP). 118 of its officials were banned from politics for the next five years, and its 55 parliamentary seats will be redistributed across the house.

The move leaves the current ruling party, the Cambodian People’s Party (CPP), as the only real party in the run up to the 2018 general elections.

Dissolution no surprise

The dissolution was, sadly, expected. The lead judge was a senior CPP figure, and it is the result of political repression coursing through Cambodia for the last 18 months, including widespread suppression of the media.


Read more: Violent politics and the disintegration of democracy in Cambodia


The latest of this was the detention of political journalist Len Leng during the Supreme Court ruling, and the charging of espionage of two former free-Asia journalists on November 18. The period also included smear campaigns against opposition leaders and politicians, and the reported assassination of campaigner Kem Ley in 2016.

These increasingly repressive actions consolidate the rule of the CPP. The court ruling also potentially maintains this position for the 2023 elections. The five-year ban of large numbers of opposition politicians (with former leader Sam Rainsey still in exile, and current leader Kem Sokha under arrest for treason) means they will come back into play only months before the 2023 general elections, with no time to create a viable opposition.

The move to dismantle any opposition is further reinforced by an offer to opposition politicians to retain their seats by defecting to the ruling party. So far only 200 of the 6,000 party members have accepted.

The latest moves bring the autocracy into full view: not only is the ruling party not afraid of openly and violently suppressing the nation, but it now takes these actions in full disregard of the geopolitical repercussions. The US has stated that it will end its support for the 2018 elections. The EU stated that vital trade agreements may be threatened by the dismantling of human rights in the kingdom. China, Cambodia’s largest donor and biggest investor, however, has remained quiet.

Violent autocracy and global democracy

In a previous Conversation article, I linked the actions not only to the violent rule of the current leader, Hun Sen, but also to a rolling back of democracy around the globe, paralleled with a rise of autocracy.

Violence is an effective mechanism of authoritarian control. As my research shows, it works best in the wake of remembered conflict and violence, such as the decades of civil war Cambodia suffered throughout the 1960s and 70s, including the Khmer Rouge regime.

However, that control comes at a cost. The current ruling party narrative centres on the threat of revolution, accusing the opposition party, and media outlets deemed sympathetic to their cause, of colluding with international powers to plan its overthrow. No convincing evidence has yet come to light to discredit opposition voices and prove the ruling party’s position.

The Cambodian government is neither naïve nor ill-informed. CPP members are, in many ways, astute political players. Hun Sen knows well how to influence much of the population, and has in the past used all means necessary, from the violent coup of 1997 in which he first took full power, to aligning himself and his family with guardian spirits and the former king.

During my research, I found that for many people in the older generation, he remains, if not popular, at least a known protector and strong leader. He holds himself responsible for keeping peace in the kingdom for the last 38 years, and has used this narrative throughout his reign to keep power and promote himself as the patron of Cambodia.

Eroding power through violent means

As we move further and further from the Khmer Rouge, however, the persuasive rhetoric of saviour and protection becomes weaker and weaker. This was evident in the 2013 general election, when the opposition party made a substantial gain, and more recently in the 2017 local elections with similar gains. It is more evident now in the increasingly extreme measures the ruling party is willing to take to keep their hold on power.

As Hun Sen uses increasingly violent means to maintain control, he simultaneously erodes it in dramatic fashion. By eliminating the opposition party, the CPP guarantees success in the 2018 elections. But it also sets up the circumstances to dismantle its own power and government.

Hannah Arendt wrote that power and violence are antithetical – that power lies in persuasion, and it is only when power starts to wane that violence takes precedence. When violence reigns, it destroys power.

As Arendt argues, violence in politics is always instrumental. I suggest it serves to consolidate or increase strength, but this strength is precarious and highly volatile. The leaders around the world who resort to violence do so out of weakness and desperation – they know that without it they would have no power. Because of this, it has to grow, until the violence itself becomes an insurmountable issue to deal with.

The ConversationI doubt Hun Sen’s rule will be toppled soon. When it is, it will likely be with violent resistance. But as we have seen around the world, though violence can be controlling, it is never persuasive, and eventually, it loses its grip. Mugabe is the latest example of the fall of the autocrat. When the CPP will fall is uncertain. But the increase in violence brings it all the much closer.

Caroline Bennett, Lecturer in Cultural Anthropology, Victoria University of Wellington

This article was originally published on The Conversation. Read the original article.

Latest Persecution News – 10 March 2012


Churches Forced to Stop Farsi Worship in Tehran, Iran

The following article reports on how Iranian authorities have closed down the last two Farsi-language church services in Tehran.

http://www.compassdirect.org/english/country/iran/article_1406358.html

 

Two Churches Targeted in Bomb Attack in Nigeria

The following article reports on how the Islamic extremist group Boko Haram set off a car bomb outside of a church in Nigeria.

http://www.compassdirect.org/english/country/nigeria/article_1412585.html

 

Indonesian President Sidesteps Church Controversy

The following article reports on how the Indonesian government is failing to enforce a Supreme Court ruling that allows a church to worship inside its own building.

http://www.compassdirect.org/english/country/indonesia/article_1415570.html

 

Rumors on Imminent Execution of Iranian Pastor Unconfirmed

The following article reports on unconfirmed reports that Iran is set to execute Iranian pastor Yousef Nadarkhani.

http://www.compassdirect.org/english/country/iran/article_1416779.html

 

Suicide Bombers Attack Worship Service in Jos, Nigeria

The following article reports on the car bombing of a Church of Christ in Nigeria (COCIN) worship service in Jos, Nigeria, by Boko Haram Islamic extremists.

http://www.compassdirect.org/english/country/nigeria/article_1418143.html

 

The articles linked to above are by Compass Direct News and  relate to persecution of Christians around the world. Please keep in mind that the definition of ‘Christian’ used by Compass Direct News is inclusive of some that would not be included in a definition of Christian that I would use or would be used by other Reformed Christians. The articles do however present an indication of persecution being faced by Christians around the world.

Nepal Christians Begin Legal Battle for Burial Ground


Hindu group declares country a Hindu state; upper castes seek halt to conversions.

KATHMANDU, Nepal, April 19 (CDN) — With the government refusing to listen to their three-year plea for an official cemetery and ignoring a protracted hunger strike, Nepal’s Christians are now seeking redress from the Supreme Court.

“Every day there are two to three deaths in the community, and with each death we face a hard time with the burial,” said Chari Bahadur Gahatraj, a pastor who filed a petition in the high court on March 13 asking it to intervene as authorities of Nepal’s oldest Hindu temple had begun demolishing the graves of Christians there.

Gahatraj and Man Bahadur Khatri are both members of the newly formed Christian Burial Ground Prayer and National Struggle Committee that since last month began leading a relay hunger strike in a public area of the capital, asking for a graveyard. They said they were forced to go to court after the Pashupati Area Development Trust (PADT), which runs Nepal’s oldest Hindu shrine, the Pashupatinath temple, said it would no longer allow non-Hindus to use the temple’s forested land.

“We don’t want to hurt the sentiments of any community,” Gahatraj told Compass. “Nor are we trying to grab the land owned by a temple. We are ready to accept any plot given to us. All we are asking for is that the burials be allowed till we get an alternate site.”

Judge Awadhesh Kumar Yadav has since ordered the government and PADT not to prevent Christians from using the forest for burials until the dispute is resolved. The legal battle, however, now involves a counter-suit. Hindu activist Bharat Jangam filed a second writ on March 20, saying that since the forest was the property of a Hindu temple, non-Hindus should not be allowed to bury their dead there just as churches do not allow Hindu burials.

Subsequently, the court decided to hear the two petitions together, and yesterday (April 18), the hearings began. While two lawyers argued on behalf of Gahatraj and Khatri, a cohort of 15 lawyers spoke against their petition. The next hearing is scheduled for May 3.

Along with the legal battle, Christians have kept up their relay hunger strike. To step up pressure on the government, the protestors also announced they would lead a funeral march to the offices of the prime minister and the culture minister and hand over coffins to them as a symbolic protest. If that too failed, they warned they would have no option but to go on hunger strike in front of the prime minister’s office and parliament, this time carrying dead bodies with them.

Alarmed at the rate the issue was snowballing, the government finally responded. Yesterday Culture Minister Gangalal Tuladhar opened talks with the protestors, agreeing to continue the negotiations after three days. The government also formed a four-member committee to look into the demand. Currently, Christians are asking for cemetery land in all 75 districts of Nepal.

Protestors were wary of the government’s intent in the overture.

“This could be a ploy to buy time and bury the issue,” said a member of the Christian committee formed to advise parliament on drafting the new constitution, who requested anonymity.

Though the committee formed to look into the Christians’ demand for burial land has been asked to present a report within two weeks, Christians suspect the panel is dragging its feet.

“The new constitution has to be promulgated by May 28, but it does not seem likely that the main political parties will be able to accomplish the task,” the Christian committee member said. “And if the constitution doesn’t materialize in time, there will be a crisis and our problem will be shelved.”

 

Hindu Nation

Adding to their unease, Christians are now facing a redoubled campaign by Hindu groups for the restoration of Hinduism as the state religion, five years after parliament declared Nepal, the world’s only Hindu kingdom, secular.

If the new constitution had been promulgated last year, it would have consolidated secularism in Nepal. But with the country missing the deadline due to protracted power-sharing rows among the major political parties, Christians still feel under threat.

On Thursday (April 14), when the country celebrated the start of the indigenous new year 2068 with a public holiday, the Rastriya Prajatantra Party-Nepal, which seeks the reinstatement of Hinduism as the state religion, kicked off a campaign at the Bhadrakali temple in Kathmandu. As curious onlookers and soldiers patrolling the nearby army headquarters looked on, party members fervently blew into conch shells and rang bells to draw people’s attention to their demand.

The party, which is also seeking the restoration of monarchy, took some oblique shots at the Christian community as well.

“There is a deliberate and systematic attempt by organizations to convert Hindus,” said Kamal Thapa, party chief and a former minister. “These organizations are guided by foreign powers and foreign funds. If the widespread conversion of Hindus is not stopped immediately, we will have to take stern measures.”

Three days later, an umbrella of Hindu groups – the Rastriya Dharma Jagaran Mahasabha (the National Religion Resurrection Conference) held a massive gathering in the capital, declaring Nepal a “Hindu state” and meeting with no official objection. The proclamation came as the climax to a three-day public program calling for the restoration of “the traditional Hindu state.” Several Hindu preachers and scholars from neighboring India attended the program, held on the grounds of the Pashupatinath temple, which is also a UNESCO-declared World Heritage Site.

The “Hindu state” proclamation was the brainchild of Shankar Prasad Pandey, a former member of parliament from Nepali Congress, the second largest party in Nepal, now in opposition. Though Pandey was a sitting Member of Parliament in 2006, when the body unanimously declared Nepal secular, he began opposing the move soon afterwards, leading four campaigns against it nationwide.

“I consider the nation and the Hindu religion to be more important than the party,” said Pandey, known as the MP who began to go barefoot 32 years ago to show solidarity with Nepalese, who are among the poorest in the world. “Over 90 percent of the Nepalese want Nepal to be a Hindu state. However, the government is led by people whose only concern is power and money.”

Pandey’s campaign is supported by Hindu groups from India and the West: Narendranath Saraswati, who is the Shankaracharya or religious head of a prominent Hindu shrine in India’s Varanasi city; Dr. Tilak Chaitanya, chief of a group in the United Kingdom that propagates the Gita, the holy book of the Hindus; and Tahal Kishore, head of a Hindu organization, Radha Krishna Sevashram, in the United States.

Two weeks before the May 28 deadline for the new constitution, Pandey and his followers plan to step up the campaign for a “Hindu state” in the capital. Though Pandey denies it could stir up animosity between the majority-Hindus and Christians – whose minority population is said to have crossed 2 million but is actually only 850,801, according to Operation World – there are fears of religious tension if not outright violence.

The Hindu rallies continue to grow as a pressure tactic. Yesterday (April 18), members of Nepal Brahman Samaj, an organization of “upper castes” from whose echelons temple priests are appointed, fought with security forces in front of parliament house, demanding their rights be respected and an end to conversions.

More Hindutva (Hindu nationalist) campaigning is scheduled on April 29, when the Rastriya Prajatantra Party-Nepal’s Thapa has called for a mass gathering in the capital.  

Report from Compass Direct News
http://www.compassdirect.org

Indonesian Church Reports Defiant Mayor to National Police


Bogor official defies Supreme Court, revokes building permit; Christians kept from worship site.

JAKARTA, Indonesia, April 1 (CDN) — A month that saw the Bogor city mayor defying a Supreme Court decision granting a building permit for a church in Bogor, West Java culminated in police turning away those seeking to worship – and church leaders today filing a police complaint on the mayor with National Police.

Bogor Mayor Diani Budiarto issued a decree revoking the building permit for the Christian Church of Indonesia (GKI) in Yasmin Park on March 11, citing unrest among local Muslims and charging the church with having lied about obtaining area residents’ approval when the permit was originally processed. Bogor city officials have also decided to try purchasing the land where the church meets.

Church leaders and rights groups scoffed at the city’s claims and its attempt to remove the church from the area after years of protests from Islamic groups. At a press conference last month, Bona Sigalingging, spokesperson for the GKI Yasmin church, read a statement in which the church and 12 interfaith and rights organizations rejected the mayor’s decree.

“The mayor of Bogor has publically lied and twisted the facts, which are both crimes and public moral failures,” Sigalingging said.

When GKI Yasmin representatives checked the city’s claims of a document with false signatures of area residents approving the church, they found such a document had never been submitted; it did not appear in the application file.

“The entire building permit file had been submitted in 2005, and there have never been any additions,” Sigalingging said, adding that the mayor was rash in issuing the baseless decree. “The reasons [for revoking the church permit] are clearly contrived and unfactual.”

He said the decree not only contravened the 1945 Constitution but was also a violation of law.

“The mayoral decree was [directly] opposed to the court decision that the building permit was legal and binding,” he said. “We also request that the mayor rescind Mayoral Decree No. 645.45-137/2011 regarding the revocation of the GKI Yasmin building permit and recognize the court decision that the building permit is legal and binding.”

Supporting the GKI Yasmin church were 12 interfaith organizations: The Wahid Institute, the Human Right Working Group (HRWG), the Setara Institute for Democracy and Peace, the Legal Aid Institute (LBH) Jakarta, the Commission on the Lost and Victims of Oppression, the Fellowship of Indonesian Churches, Indonesian Conference on Religion and Peace, the Sinode of the Christian Church of West Java, the Indonesia Legal Research Center, the National Diversity Alliance, the Legal Aid Foundation of Indonesia and the Gusdurian Forum.

Church lawyers today filed a complaint on the Bogor mayor with the National Police detective unit in response to a statement Budiarto made yesterday (March 31) to newspaper Radar Bogor that attorney Jayadi Damanik described as a threat, The Jakarta Post reported.

Citing a report from kompas.com, the Post quoted Damanik as saying, “We believe Diani Budiarto has committed unpleasant conduct, issuing threats of violence. We think the police need to deal with this.”

The mayor had called for action against the church if it insisted on standing by the Supreme Court ruling granting its building permit, according to the Post. It also reported that Damanik said the church had sent a legal representative to the Home Ministry to report the Bogor mayor for overstepping his duties.

Budiarto was not immediately available for comment.

 

Blockaded Church

On March 13, some 200 police officers blockaded the church, lining each side of KH Abdullah Bin Nuh Street in Bogor under the pretext that they were preventing clashes with about 20 Muslim protestors, church leaders said.

Authorities set up barricades and questioned every person who wished to go to the church location. Compass observed them turning away several GKI members carrying Bibles and heading toward the worship venue. Police parked nine cars and trucks along the fence in front of worship site – the congregation has been worshipping on a strip of land between the road and a fence – in order to keep the congregation out. A vehicle with a water cannon was parked about 500 meters from the site.

Eventually the congregation realized that they could not worship there and left.

The previous Sunday, March 6, the congregation had been able to open the lock that the city had placed on its church building on April 10, 2010. After pushing and shoving between police and church members, the congregation was able to enter and hold a one-hour service led by GKI Yasmin Pastor Ujang Tanusuputra.

As the service was taking place, Bogor Police Chief Nugroho Slamet Wibowo ordered GKI Yasmin church lawyer Damanik and the congregation to stop the service. Wibowo suggested they shift to the Harmony Building, some 500 meters away, in order to avoid clashes with 2,000 Muslim demonstrators outside the mayor’s office whom Wibowo said would be arriving.

Citing the court ruling that declared the congregation could worship at the church site, Damanik declined.

The worship service finished peacefully, and the congregation happily departed. The predicted 2,000 Muslim protestors failed to materialize.

The next day, Bogor city officials invited GKI leaders to discuss the conflict, and the church representatives were accompanied by the LBH Jakarta, the HRWG, a representative of the Wahid Institute, the Interfaith Society and others. In the meeting, Bogor officials announced that the city was revoking the building permit and buying the disputed land.

“Upon hearing this, the GKI rejected the sale and reminded the Bogor government to obey the Supreme Court’s decision,” said Fatmawati Hugo, a member of the GKI legal team.

On March 12, GKI representatives met with police at the Giant Shopping Mall in Yasmin Park, where authorities ordered the church not to take unilateral action.

The police also guaranteed that firm action would be taken against anyone who tried to lock the GKI Yasmin site, but, ironically, that night at 11:30, policemen accompanied members of the Public Order Agency as they padlocked the gate to the GKI Yasmin church, Hugo said.

About 20 church members, mostly women, could only look on with sadness, he said.

“It’s odd that the police accompanied those who locked [the gate] rather than obeying the law and stopping the sealing,” Hugo said.

A few minutes later, at 12:05 a.m., police issued an ultimatum: All persons and vehicles were to clear the area in front of the church. A tow truck arrived and approached a member’s car parked in front of the gate.

“The church members chose to stay and sang several Christian songs,” said Hugo.

Police officers advanced and tried to take congregation members by force. The women were prepared to be arrested, but efforts to detain them ended when a GKI lawyer asked for reasons for the arrests and for arrest warrants. Church members stayed and unrolled mats so that they could hold a part of the roadside strip for the 8 a.m. worship service. About 15 prayed and sang songs through the night.

Around 4:30 a.m., more police arrived. A mobile brigade commanded by West Bogor Police Chief Hida mobilized to force out those on the side of the road; the crowd dispersed in the face of fully armed police.

“Because they were terrorized, they abandoned the roadside strip,” Hugo said.

After clearing the area, police blockaded 500 meters of KH Abdullah Bin Nuh Street at about 7 a.m., using six truckloads of mobile police and an armored car. They had used the same tactic on Dec. 26, 2010, to prevent the congregation from a Christmas service.

At 7:30 a.m., about 20 Muslims unrolled banners at a corner near the Giant Shopping Mall charging the GKI Yasmin church with deception. “Hard-heads, want to build an illegal church here? Step over our dead bodies first,” read one banner.

The congregation held a short worship service at 8:30 a.m. in the home of a nearby member.

Report from Compass Direct News
http://www.compassdirect.org

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

Police, Islamists Put Up Obstacles to Worship in Indonesia


Church services over Christmas season blocked; property seized.

JAKARTA, Indonesia, January 10 (CDN) — Government officials in West Java Province blocked one church from worshipping, and Islamic groups pressured authorities to seize the property of another during the Christmas season.

The Bogor Regency Administrative Leadership Council tried unsuccessfully to forbid the Gereja Kristen Indonesia (Indonesian Christian Church, or GKI) in Bogor’s Taman Yasmin area from holding a Dec. 25 Christmas service, but authorities did block it from its regular Sunday service on De.26. In Rancaekek, Bandung, Islamic demonstrators on Dec. 19 got police to remove items from a Huria Kristan Batak Protestan (HKBP) church building that had already been sealed.

In Bogor, GKI Yasmin spokesperson Bona Sigalingging said police telephoned church leaders to forbid Christmas services that were to begin at 7 p.m. on Dec. 25.

“At that time the leaders rejected the police order,” Sigalingging told Compass.

Church leaders went to a strip of land in front of the GKI Yasmin building, which the Bogor city government has sealed, to set up a rented tent for the Christmas service. Local police arrived and ordered that the service be cancelled, but again church leaders refused, Sigalingging said.

They continued setting up the tent and arranging benches, and at about 5:30 p.m., 10 women wearing Muslim head coverings (hijabs) arrived to demonstrate against the Christmas service. Male demonstrators in Muslim clothing joined the demonstration at 7 p.m., and protestors from the Islamic People’s Forum (FUI) pressured police to stop the service.

At 8 p.m., the Christmas prayer and reflection service began, with demonstrators screaming, “Allahu akbar [God is greater]!” and “Break it up!” They also yelled, “Arrest the provocateurs,” Sigalinging said.

Though upset, the congregation continued to worship, he said. As they sang “Silent Night” and lit candles, the demonstrators shouted all the louder, moving toward the worshippers. They came within three meters of the worshippers before police were finally able to restrain them.

The congregation continued in solemn prayer and song, with the mob yelling until the service finished at 9 p.m.

Church leaders were meeting at 12:45 a.m. to plan the next morning’s 8 a.m. worship service when a member of the legal team received a phone call asking them to meet with members of the army and intelligence services, as well as with Bogor city and West Java police. At the meeting, a soldier speaking for the Bogor municipality requested that the GKI cancel Sunday morning worship scheduled for Dec. 26, Sigalingging said.

“The soldier also spoke about the growing issue of defamation of religion [Islam defaming Christianity], and how this would be very embarrassing if the issue spread,” Sigalingging said. “Because of this, he asked the church to cancel services.”

Church leaders rejected the request, saying that the way to resolve religious defamation problems was to enforce the law and stand firm against intolerance and intimidation, Sigalingging said.

“They could also obey the decision of the State Administrative Court, which had found that the church had a legal building permit and had the right to worship even by the roadside,” said Sigalingging.

The roadside services marked a retreat from the church legal position, he said, as the administrative court had ruled that the church could worship in its building.

“Although the City of Bogor had requested a rehearing, this is no reason to delay the execution of the decision according to law 14/1985,” he said.

Sigalingging said that the decision of the administrative court had the force of law, and that the GKI Yasmin congregation should have been allowed to worship in its building. The court had found that the building permit was legally obtained and that the Bogor municipal government could not revoke the permit. The court had ordered Bogor to rescind the revocation order.

The meeting finished at 1:30 a.m., with the church firmly committed to holding Sunday worship on Dec. 26. Bogor officials responded by sending police to the worship site on Abdullah bin Nuh Street in Yasmin Park; from early morning on, the road was barricaded at both ends.

As a show of force, water canon trucks appeared.

“The police excused their action by saying that it was designed to stop troublemakers who might try to use religion as a mask,” Sigalingging said. “These kinds of people had been there since morning. However, such excuses were not accepted by the congregation. The congregation could not get close to their church, and they were even asked about their permission to worship.”

As a result, the congregation was not able to worship; they did pray in the middle of the street, he said.

In a press conference at the Wahid Institute protesting the discrimination, GKI Yasmin leaders along with representatives of the Indonesian Fellowship of Churches said that they were concerned.

“Discrimination is becoming systemic and spreading, yet it is ignored by the nation in many places,” Sigalingging said in a statement he read that was also signed by Pastor Ujang Tanusaputra and Pastor Esakatri Parahita.

An interfaith group that has been assisting the GKI church issued a three-point appeal: cease all slander and obstructions to finishing construction of the GKI church building, which was legally underway, and allow the congregation to worship in it; the state must be firmer in dealing with intolerant groups that terrorize those of a different faith; and strengthen the constitution, Pancasila (the state philosophy that includes belief in one God without specifying any particular religion) and the practice of unity in diversity (Bhineka Tunggal Ika).

The executive secretary for research and communication for the Fellowship of Churches in Indonesia, the Rev. Henry Lokra, said at the press conference that contrary to the claims of protestors, no illegal worship exists in the nation.

“Because of this, when the government apparatus is passive, it is violating the constitution,” Lokra said. “In the case of GKI Yasmin, passivity has led to the blocking of those who wish to worship rather than blocking those who demonstrate. This is a basic human rights violation.”

Organizations such as the Islamic Defenders Front (FPI), the FUI and the Islamic Reform Movement (Garis) “have absolutely no constitutional right to forbid the building of a place of worship, because the forbidding of permission for a place of worship is the right of the government,” he said.

Chairul Anam of the Human Rights Working Group commented that the incident was a violation of the constitution and the law by the Bogor municipal government, which sealed the church even though the GKI had won decisions in the case all the way to the Supreme Court.

“When Bogor asked for an appeal, the Supreme Court refused,” Anam said.

An appeal in any legal system does not nullify a previous decision, said Anam. “Because of this [principle], the Supreme Court decision regarding GKI Yasmin cannot be revoked,” he said.

The central government should sanction or otherwise take strong actions against those in the Bogor city government who disobeyed the law and the constitution by sealing the church building, he said.

Another problem, Anam said, was the extreme measures police took, using mobile barricades and water cannons to control 50 demonstrators.

“What the police did was actually terrorizing the congregation,” he said, adding that the measures prevented GKI members from getting to their church site. “The police were supposed to neutralize the 50 demonstrators that were propagandizing, instead of blockading the congregation from worship.”

The state has given in to a small gang of Muslim thugs, “and this small gang of Muslims does not represent the Indonesian Islamic community,” he said, adding that the Bogor city government should quickly remove the seal. “The police must act decisively and not make those who disobey the law heroes.”

The head of the Legal Advocacy and Human Rights Association of Indonesia, Hendrik Sirait, said that politics played a role in the GKI Yamin church’s problems. A Bogor police official, Sirait said, indicated that obstacles to the church’s worship resulted from a pact between the Bogor government and a political party.

“The police have become intimidators rather than peace officers,” he said.

 

Church Property Seized

In Rancaekek, Bandung, Islamic protestors occupying the front part of the Huria Kristan Batak Protestan HKBP church premises on Dec. 19 clamored for police to remove property from the building; eventually authorities removed the pews and other items.

The local government had already sealed the building, but demonstrators from the hard-line Muslim Intellectuals Gathering Forum of Rancaekek arrived at 4 a.m. on Dec. 19 calling for its belongings to be removed, sources said.

The Rev. Badia Hutagalung said he was sleeping in the rented house adjacent to the place of worship when he saw 15 demonstrators locking the property fence and calling for him to wake up and leave the premises.

“Why do you live in a place that has been sealed?” asked one in the crowd when Hutagalung came out. He explained to the protestor that the district head had unsealed his home when he realized it had nothing to do with the church worship.

At 7 a.m., when the mob forced the pastor to leave the house, he climbed over the 1.5-meter fence – the crowd had glued shut the lock – and called one of the elders, Jawadi Hutapea. He arrived, and Hutagalung also called police and the district head to ask them to come immediately. Three policemen arrived but only watched the mob from a distance, he said.

When Compass arrived at 8:30 a.m., nearly 100 protestors were occupying property in front of the fence and shouting for the local government remove all property inside.

The district head of Rancaekek, Meman Nurjana, arrived at 9 a.m. but was unable to calm the protestors. The district head, police chief, representatives from the Police Civil Service (Satpol PP) and the Muslim Intellectuals Gathering Forum held a discussion in the middle of the crowd. Authorities promised to remove the items later, but the crowd demanded it be done immediately.

Local officials ultimately brought three cars to take property out of the place of worship, and at 10:30 a.m. the pews along with other items were seized.

The chairman of the Bandung Muslim Intellectuals Gathering Forum, Abu Sofyan, told reporters that the HKBP Rancaekek church should have been closed since 2006. A lawyer for the HKBP Rancaekek church, Usman Poncho Silitonga, said he did not understand why demonstrations were continuing after the church and others had been sealed.

“There’s no rule that allows the removal of property from the the HKBP church,” he said.

The sealing by the local government was illegal, a church representative said, because it was not given public notice.

Report from Compass Direct News

Despite Court Victories, Church Building in Indonesia Blocked


Islamists attack, issue threats to halt construction of worship center in West Java.

JAKARTA, Indonesia, September 22 (CDN) — A year after a church in West Java won a court battle over whether it could erect a worship building, Islamic extremists have blocked construction through attacks and intimidation tactics, church leaders said.

A mob of 50 Muslim extremists on Sept. 12 attacked construction workers at the Batak Christian Protestant Church (Huria Kristen Batak Protestan, or HKBP) site in Cinere village, near Depok City, in Limo district, eyewitnesses said; the 24 workers, who were on break, fled from the attackers, who chased them brandishing wooden boards studded with nails. Cinere village police arrived to restore order, but the mob left behind seven banners opposing the construction.

Three days later, Islamic groups demonstrated near the construction site on Puri Pesanggarahan IV St., demanding that all Christian activities in the area cease. About 70 Muslims participated in the demonstration, trying to approach the construction site until hundreds of police repelled them. Police have continued guarding the site.

The church won a case in West Java State Administrative Court on Sept. 17, 2009, rescinding a local order that had revoked the church’s building permit. The Supreme Court later upheld the Bandung court’s ruling, but threats have kept the church from proceeding.

Betty Sitompul, vice-chair of the church building committee, said she has received many intimidating text messages from a group opposed to the construction.

“They demanded that the church construction be halted,” she told Compass.

Sitompul added that some of the messages were intensely angry, and that all were aimed at stopping construction.

She said she an official of the Depok municipal government contacted her requesting that construction be delayed two months in order to discuss it with area residents. With a Supreme Court decision backing their case, church leaders declined and continued building.

Sitompul said she never yielded to threat or intimidation because the church construction project has a firm legal basis in the Supreme Court decision.

“There was no need to worry any longer,” she said. “I felt the problem was solved. It is normal for some to be dissatisfied.”

The Muslim Defenders’ Front (Front Pembela Islam, or FPI) reportedly participated in the Sept. 15 demonstration, but the FPI leader for Depok City, Habib Idrus Al Gadhri, denied opposing the area HKBP church.

“The rejection is from the Cinere Islam Solidarity Forum [FSUM] not from the FPI,” Al Gadhri told Compass.

He said that the HKBP church in Cinere is not facing opposition from the FPI but from the entire Muslim community.

“If FPI members are involved, I’m not responsible,” Al Gadhri said. “My advice is for the entire Muslim community in Cinere to sit down together and not demonstrate.”

The church had originally been granted a building permit in 1998. Applications for church permits are often fraught with difficulty in Indonesia, leaving many congregations no choice but to worship in private homes, hotels or rented conference facilities. Such gatherings leave churches open to threats and intimidation from activist groups such as the FPI, which in recent years has been responsible for the closure of many unregistered churches.

 

Congregational Concern

Despite having the law on their side, church leaders said many in the congregation are haunted with dread amid outbreaks of Islamic ire at the presence of churches in West Java, such as the Sept. 12 attack on the HKBP church in Ciketing, Bekasi, in which an elder was seriously wounded and a pastor injured.

Peter Tobing, head of the Cinere HKBP church building committee, said that some in the congregation and building committee feared that the outbreaks of Islamic opposition will lead to chaos.

The church is planning to sue the Depok municipality based on the allegation that its actions were illegal and caused deterioration at the site. When Depok Mayor Nur Mahmudi Ismail revoked the building permit for a multipurpose building and house of worship on March 27, 2009, it led to losses for the church as the congregation had to leave it unattended for a year, according to Tobing.

“Because of this, construction began with the clearing of weeds and building materials [such as paint] that had degraded,” Tobing said.

Sitompul said the bases for the lawsuit are the court decisions declaring the Depok mayor’s revocation of the building permit to be illegal.

“The Depok municipal government must take responsibility for the losses incurred when the building permit was revoked,” she said.

The lawsuit will seek compensation for damages incurred over the last two years, she said.

“We are going to submit all the data to the Depok government,” Sitompul said. “Then we will file our suit in the Depok Municipal Court.”

The church plans to construct its multipurpose building on a 5,000-square meter lot. Construction was halted in the initial stages, with the bottom floor 30 percent completed. The church had spent some 600 million rupiahs (US$66,000), with total costs projected at 2 billion rupiahs (US$220,000).

Report from Compass Direct News

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