Fear factor results in transfer of rape case; meantime, 6-year-old girl says politician is killer.
NEW DELHI, April 2 (CDN) — Due in part to intimidation of witnesses in Kandhamal district, a judge this week granted a change of venue for the trial of men accused of gang-raping a nun during anti-Christian attacks in Orissa in 2008.
The trial will be transferred from Baliguda, Kandhamal to Cuttack, near the Orissa state capital of Bhubaneswar. Justice Indrajit Mohanty of the Orissa High Court on Tuesday (March 30) ordered the inter-district transfer of the trial. The nun, Meena Lilita Barwa, had argued that witnesses would be intimidated into refraining from testifying if the trial were held in Kandhamal district.
She also argued that Kandhamal’s intimidating atmosphere made it too dangerous for her appear in court there. Christians were hopeful that the transfer would lead the administration to review police and court processes in Kandhamal district.
Police have arrested 19 people for allegedly assaulting the nun on Aug. 25, 2008 and parading her half-naked through the streets.
Hindu Politician Identified as Killer
After a series of trials in which murder suspects in the 2008 Kandhamal district violence have gone free as Hindu extremist threats have kept witnesses from testifying, a 6-year-old girl has identified a powerful local politician as the man who killed her father.
In testimony at Fast Track Court No. 1 on March 14, Lipsa Nayak of Kandhamal identified Manoj Pradhan, a member of the Legislative Assembly of Orissa, as the man who cut and burned her father to death when Hindu extremists attacked Christians following the Aug. 23, 2008 death of a local Hindu leader.
Pradhan has been accused in nine cases of murder and in 14 cases of arson. So far he has been exonerated on the murder charges against him for “lack of witnesses.” Christian leaders say that Pradhan has been intimidating witnesses because of his position as a member of Legislative Assembly. Lipsa’s mother, 32-year-old Kanak Rekha Nayak, has said that Pradhan and his associates have threatened to harm her family if they identified him as the killer.
The Nayak family lived in Tiangia, Budedipada, in Raikia block of Kandhamal district. During the anti-Christian attacks that followed the death of Hindu leader Swami Laxmanananda Saraswati, Lipsa’s parents and her sister had taken refuge in the forest to escape the fury of the Hindu extremists, but the rampaging mob tracked them down.
Lipsa, then 4 years old, along with her mother and 2-year-old sister, watched in horror as the crowd allegedly beat her father, Parikhita Nayak, for two hours and then killed him by cutting him into pieces and burning him.
Prosecution and defense lawyers questioned Lipsa for more than 90 minutes, and she reportedly answered all questions without wavering. Asked by the judge if she could identify the killer of her father, she pointed to Pradhan, the MLA from the Hindu nationalist Bharatiya Janata Party (BJP) from G. Udayagiri, Kandhamal.
Her mother later told media, “They played with him for a few hours before cutting him into pieces and dousing him with kerosene.”
Accused as a primary suspect in the murder along with Pradhan is Kali Pradhan. The government of Orissa has set up two Fast Track courts to try cases related to the violence that spread to more than a dozen districts of Orissa. Maoists have taken responsibility for the killing, though Hindu extremists accused Christians in an effort to spark anti-Christian violence. The attacks killed more than 100 people and burned 4,640 houses, 252 churches and 13 educational institutions.
Christian leaders have denounced the legal process in the Kandhamal violence, saying not only that witnesses have been threatened and the intimidated but that police investigations have been negligent or corrupt.
“There has been no conviction in any case of murder,” said Dr. John Dayal, a member of the National Integration Council. “More than 70 people were killed, and trial is being held only for 38 or so of those deaths. Eleven murder cases have been tried with no one being indicted or sentenced for murder so far – because of terrible investigation by the police, a poor show by the prosecuting lawyers and shoddy judicial process.”
The 123 cases tried in the Fast track courts have resulted in 97 convictions and 323 acquittals, including several cases decided on Wednesday (March 31). Seven people in two separate cases were convicted of arson and rioting cases. Nata Pradhan, Jahala Pradhan, Ashok Mallick, Bapa Pradhan, and Udayanath Pradhan from Raikhala-Gadiapada village were sentenced for two years imprisonment for destroying the house of Birendra Nayak of the same village. They were also fined 2,500 rupees (US$55). In the other case, Ratnakar Pradhan and Parsuram Pradhan from village Tatamaha, Raikia block were convicted of riot and arson.
At the same time, Fast Track Court I Judge S.K. Das acquitted 20 people persons in three separate cases for lack of evidence.
“Witnesses are being coerced, threatened, cajoled and sought to be bribed by murderers and arsonists facing trial,” said Archbishop of Orissa Raphael Cheenath in a statement. Previously he had demanded that the cases of politically powerful persons such as Manoj Pradhan be transferred out of Kandhamal to ensure proper justice.
“We are deeply concerned about the high rate of acquittals in the Fast Track Courts,” Cheenath said. “Victims filed 3,232 complaints in the various police stations of Kandhamal. Of these, the police registered cases in only 832 instances.”
Orissa Chief Minister Naveen Patnaik filed a written admission in the Orissa Assembly in November 2009 in which he said 85 members of the Hindu extremist Rashtriya Swayamsevak Sangh (RSS), 321 persons of Hindu nationalist umbrella group Vishwa Hindu Parishad (VHP) and 118 persons of Hindu extremist youth wing, the Bajrang Dal, had been arrested for their involvement in the Kandhamal riots.
While the government says that situation is normalizing in Kandhamal, Christian leader like Dr. John Dayal give a different story.
“While it is possible to visit one half of the district of Kandhamal and discover only peace, it is the other half of the district which speaks of the continuing tyranny,” he said. “The bloodshed has stopped because of belated police action, but the miscarriage of justice and the lost peace continue to haunt thousands of people who have not been able to go back to their homes for fear of their lives. Thousands of children cannot go to school, especially the girls. What is worse is that many girls have been trafficked.”
The district collector banned all Christian organizations from coming to the district to bring aid to victims after the 2008 violence, he added, “and it took an appeal to the Supreme Court of India by the archbishop of Bhubaneswar for much needed relief to be given to the people in the then refugee camps.”
He expressed doubts about the government portrait of normalcy in Kandhamal.
“Even if the church does its best, only half of the 5,600 or so houses burned to the ground will ever be rebuilt,” he said. “The district collector and other officers of the civil and police system who are guilty of gross dereliction of duty continue to be in control. Thousands of men continue to be without jobs. Is this normalcy?”
On March 20, a controversial leader of the VHP, Praveen Togadia, was arrested as he tried to defy orders prohibiting him from entering Kandhamal. Togadia had played a major role in whipping up passions among the Hindus of Kandhamal after the killing of Saraswati.
Togadia had led a procession with the body of Saraswati through different areas of the district for more than 100 kilometers, sparking off or intensifying violence against Christians.
The government of Orissa came under heavy fire from civil society for allowing the procession, and on the latest occasion the local administration was careful to detain Togadia under the Section 151 of the Code of Criminal Procedure, which provides for authorities to make arrests to prevent potential offenses. Togadia was later released on bail.
Togadia termed the prohibition on his visit a “ban” that was “illegal and undemocratic.” In response to the “ban” on Togadia, the Hindu extremist Sangh Parivar and the BJP protested with a 12-hour bandh (shut down) in Kandhamal on March 20, while the VHP held demonstrations in Bhubaneswar, Berhampur, Bolangir, Sambalpur and Cuttack. VHP also blocked National Highway 217 for one hour and burned an effigy of Chief Minister Patnaik.
“The state government didn’t stop foreign missionaries from going to tribal areas of Kandhamal and other parts of Orissa,” VHP leader Swadesh Pal Gupta said. “They were being provided with full support and freedom. But when a leader who is an International Secretary General of VHP tries to go to Kandhamal, the government stopped him. We are staging a nationwide protest against this.”
Report from Compass Direct News
By Elizabeth Kendal
Religious Liberty Prayer Bulletin
Special to ASSIST News Service
The Margala Hills are all that lie between al-Qaeda-Taliban jihadists and their goal: nuclear-armed Islamabad. While most popular media reports give the impression that this crisis has only recently emerged, this is far from the case. The reality must be absorbed and lessons must be learned.
In 2003, as part of their ‘War on Terror’ alliance, America and Pakistan agreed that the Pakistani Army be given the job of eliminating al-Qaeda and Taliban elements in Pakistan’s Federally Administered Tribal Agencies (FATA) of North West Frontier Province (NWFP). However, a high death toll — including the loss of possibly 3000 soldiers — weakened both Army moral and public resolve, creating domestic political problems for then-president General Musharraf.
In pursuit of political gain, Musharraf brokered ‘land-for-peace’ deals with the al-Qaeda-Taliban alliance. In February 2005 South Waziristan was ceded, followed by North Waziristan in September 2006. With this ‘peace’, the military withdrew and jihadists were released from prison with compensation on a mere pledge not to engage in terrorism. If there were a turning point in the ‘War on Terror’, this unconditional surrender of Waziristan was surely it, for the power of the al-Qaeda-Taliban alliance has grown in both Afghanistan and Pakistan ever since.
The jihadists were never going to be pacified so long as their goal — the total Islamisation and Talibanisation of fortress Afghanistan and nuclear-armed Pakistan — remained unchanged and unrealised. The ‘Islamic Republic of Waziristan’ simply became a terrorist sanctuary and launching pad for further advances. Within months several more tribal areas had fallen under Taliban control. (‘Land-for-peace’ deals with agenda-driven fundamentalist Islamists and jihadists secure incremental Islamist advance, not peace.)
In July 2007 the government’s assault on the Islamists of the Lal Masjid (the Red Mosque in the centre of Islamabad) left some 100 Islamists dead. (The Islamists say thousands died, including children.) Consequently in September 2007 Al-Qaeda declared jihad against the government of Pakistan and the war was on in earnest. This war pits a determined al-Qaeda-Taliban alliance (with numerous high-level sympathisers) against an unstable and equivocating Pakistani government and a conflicted and divided Pakistani Army plagued by Pashtun and Sunni defections.
In the 18 months since, the jihadists have held or captured all the tribal areas. In February 2009 President Asif Ali Zardari brokered a ‘sharia-for-peace’ deal with the Taliban in Malakand Division which comprises one third of NWFP and includes the glorious, albeit Taliban-held, Swat Valley. All of NWFP is now either ceded to the Taliban or under some degree of Taliban control or influence.
Emboldened by its Malakand victory and its advances in strategic Peshawar, the Taliban launched its Spring Offensive with a further escalation. In early April a more united Taliban (see RLP 518, 23 Feb 2009) surged with little resistance south east from Swat (towards Islamabad) into Buner District in a ‘blitzkreig’. From there they quickly infiltrated Haripur District which borders the outskirts of Islamabad and Rawalpindi. According to most Western and Indian analysis and intelligence, Pakistan’s fall is inevitable and imminent, although according to Pakistan, this assessment is ‘ridiculous’.
The Church in Pakistan’s NWFP is already suffering severe repression and persecution under Taliban tyranny. Christians there are living in fear and paying jizya, the’tax’ or protection money demanded of subjugated Jews and Christians in the Quran (Sura 9:29). Their lives are always in the balance. The Church in Islamabad stands on the brink of the same fate. If the al-Qaeda-Taliban alliance manages to capture Islamabad in the months ahead, the world will instantly become a different place, and the Church in Islamabad and across Pakistan will see suffering and persecution unlike anything it has ever known before.
Report from the Christian Telegraph
The Washington D.C.-based Becket Fund, a nonpartisan interfaith public-interest law firm dedicated to protecting the free expression of all religious traditions, announced on Tuesday that a coalition of a dozen religious and civil rights groups have joined in asking a Michigan court of appeals to release a Christian minister accused of “threatening” a judge with a Bible verse, reports Catholic News Agency.
Rev. Edward Pinkney originally appeared in court for his involvement in fighting the requisition of public lakeshore by Whirlpool Corporation. Pinkney was placed under house arrest, but because he wrote an article in the Chicago-area People’s Tribune quoting the Book of Deuteronomy to say that God would punish the judge for his “wrongdoing,” the court decided to send him to jail.
After the article appeared, the trial court judge recused himself. The subsequent judge found that Pinkney’s comments were “threatening” and revoked the minister’s probation period sending him to prison for three to 10 years.
The civil rights coalition, which includes the Becket Fund for Religious Liberty, the American Jewish Congress, the Baptist Joint Committee for Religious Liberty, and Liberty Legal Institute, among others, filed a friend of the court brief asking the appeals court to overturn the trial court’s order.
“The First Amendment was designed to protect ministers speaking religious truth to political power,” said Eric Rassbach, the Becket Fund’s National Director of Litigation.
“From the colonial preachers who decried British tyranny, to the abolitionist ministers of Massachusetts to Martin Luther King Jr., our country has a proud history of allowing ministers to hold government officials to account. A court can’t punish someone for saying that the judge broke God’s law.”
“Judges don’t get to decide whether prophecies are true, even when those prophecies apply to them. Courts should stick to the law and leave theology to people of faith,” added Rassbach.
Report from the Christian Telegraph