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, “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


Recent Incidents of Persecution

Kerala, October 31 (Compass Direct News) – Suspected Hindu extremists burned down a school building run by a church on Oct. 16 in Kuravilangad. The Global Council of Indian Christians reported that the main building of St. Mary Higher Secondary School was destroyed in the fire, and authorities found materials used to set the school ablaze on the premises. Church authorities demanded an investigation, and government officials have visited the site. The school has a reputation for holding seats open for poor Dalit Christians in spite of strong opposition from the upper-caste Hindus. A police investigation was ongoing at press time.

Karnataka – Mangalore police on Oct. 14 assaulted a Christian for participating in a recent protest rally against attacks on churches. The Global Council of Indian Christians reported that local police targeted Herald D’Souza for taking part in the rally, dragged him to a police station and severely thrashed him, then charged him with rioting. The head constable, identified only as Gopalakrishna, assaulted him without initiating any inquiry. D’Souza sustained serious injuries on his backbone, chest, face and hands. A complaint has been registered against the head constable, but senior police officials are pressuring the Christian for a settlement.

Andhra Pradesh – Police on Oct. 14 arrested Christians in Kamareddygudem village of Nalgonda district. The Evangelical Fellowship of India reported that at about 8 p.m., as the five-member Operation Mobilization (OM) Christian media team led by Kummari Rajesh was screening a film on Jesus, a group of extremists arrived on motorbikes. They assaulted the OM team and destroyed equipment worth more than 200,000 rupees (US$3,950). Rajasekhar Sarella, legal counsel for the Christians, told Compass that Rajesh filed a First Information Report against the extremists at Thripuraram police station, and the extremists filed a counter complaint. The Christians were charged with “unlawful assembly” and “hurting religious sentiments.” They were released on bail on Oct. 20. Police also arrested Hindu extremists Gundeboina Lingaiah, Srinivas Reddy and Narshingh Venkatreddy for damaging property and voluntarily causing hurt with dangerous weapons. The extremists were also released on bail.

Karnataka – Unknown assailants set a church building on fire on Oct. 13 in Yadavanahalli, Bangalore, burning it down at 1 a.m. According to the Global Council of Indian Christians, a pulpit, tables, sound system, fans, music instruments, lights and other furniture of St. Anthony church were reduced to ashes, with damages estimated at around 100,000 rupees (US$1,975). Police claimed that it was an accident, while the Electrical Inspectorate of Karnataka ruled out an electrical short circuit. Church authorities have filed a complaint, and at press time a police investigation was underway.

Andhra Pradesh – Hindu extremists belonging to the Vishwa Hindu Parishad (World Hindu Council) disrupted worship and threatened Christians on Oct. 12 in Madanapally, Chitoor. The Global Council of Indian Christians (GCIC) reported that about 20 extremists barged into Krupa Prayer House shouting the Hindu devotional slogan “Jai Sri Ram [praise lord Ram]” and told the Christians not to conduct future worship meetings. The Hindu extremists planted a stone in front of the church and told the Christians that they were planning to build a Hindu temple there. A GCIC representative told Compass that the matter was settled, with a police official promising to give the Hindu extremists land for a temple elsewhere.

Uttar PradeshHindutva (Hindu nationalist) extremists allegedly belonging to the Rashtriya Swayam Sevak and Bajrang Dal on Oct. 12 disrupted worship, desecrated Bibles and vandalized furniture at a church in Anola. The Evangelical Fellowship of India reported that at about 10 a.m. some 15 to 20 extremists led by Sanjeev Saxena stormed into an Assemblies of God Church, denouncing Christ and cursing. They warned pastor Jallal Masih and the nearly 35 believers not to worship in the church building again. A representative of the Christian Legal Association told Compass that no Sunday worship has been held there since then.

Tamil Nadu – Hindu extremists attacked a church and damaged a statue of Mary on Oct. 9 in Ganapathy, Coimbatore. The Global Council of Indian Christians (GCIC) reported that the assailants entered the church premises, broke the glass cabin and damaged the six-foot tall statue. The incident sparked protest among Christians, resulting in about 100 church members gathering on the road demanding protection and the immediate arrest of the Hindu extremists. Police have arrested three extremists, said the GCIC, and at press time calm had returned to the area.

Karnataka – Hindu extremists on Oct. 5 burned Immanuel Full Gospel church, and police forced its pastor to give a false statement in Kanaji Pura, Chamarajanagar. The Global Council of Indian Christians (GCIC) reported that extremists set fire to the church, damaging the pulpit, Bibles and hymn books. The extremists along with police officials had threatened pastor C.J. Patrick two weeks prior, telling him to cease worship and shut down his church. A police complaint has been filed, but police have pressured the pastor to falsely state that it was an accident and not an attack. A GCIC representative told Compass that the case was closed, as the pastor gave the false statement in writing.

Uttar Pradesh – Police raided a church based on a complaint filed by Hindu extremists belonging to the Vishwa Hindu Parishad (World Hindu Council, or VHP) for forceful conversion on Oct. 2 in Baradabari. The Global Council of Indian Christians reported that police investigated The Alliance Ministry’s Life Church, taking away a church register and other documents. After the enquiry police returned the register and allowed pastor Rajender Gautham to continue his ministry, but on Oct. 4 summoned him again. They told him to halt future worship meetings in the church building, as the VHP had threatened to attack Christian meetings in the area.

Chhattisgarh – Violent attacks rattled the Christian community in Dantewada district in the past month, with Hindu extremists seriously injuring a Christian woman attending a funeral with an axe blow to the head. As Christians gathered for a memorial service for Somli Bai of Narli village on Sept. 29, an angry mob attacked them, injuring about 35 Christians, six of them seriously. A woman identified only as Bode was admitted to a hospital with a serious head injury from an axe, as was Raju Karma, who was critically wounded and his motorcycle burned. Some of the Christians took shelter in a nearby jungle, with three persons missing. On Oct. 5, a mob demonstrated in front of Indian Pentecostal Church in Kirandul, 10 kilometers (six miles) from Narli, accusing the pastor of forcible conversions. He has reportedly gone into hiding following death threats to his family and him. In Bacheli (three kilometers from Narli), pastor Sudarshan Pani told Compass that Hindu extremists tried to kidnap Satish Basra, pastor of the late Bai’s church. Local residents foiled the kidnapping attempt. Police have been informed of all the incidents, but a First Information Report has not been filed, according to local sources. “These troubles have been started by outsiders who have come into the Kirandul-Bacheli area and are inciting local people against Christians,” Pastor Pani said. “A few high-caste families have voluntarily accepted Christianity in the past few days and this has added more fuel to the fire. The convert families are firm, but the pressure is being felt by the entire community.”

Karnataka – Police on Sept. 28 disrupted a worship service and detained a pastor in Hubli. The Global Council of Indian Christians reported that police took the pastor for questioning based on Hindu extremists’ allegations of forceful conversion. Worship came to a halt as police ordered members to stop the meeting. Saying that that he had not caused any disturbances and was conducting the worship service in a Christian’s building, pastor Daniel Kote was released after questioning. Recently Hindu extremists had attacked another worship meeting led by Pastor Kote in Hotel Chalukya, resulting in services moving to the church member’s building.

New Delhi – Hindu extremists belonging to Bajrang Dal and Rashtriya Swayamsevak Sangh vandalized a church, accused the pastor of forcible conversion and brought down the roof and a wall of Rehma Faith Church on Sept. 17 in Peeragarhi, west Delhi. The same mob on Sept. 18 arrived at the church with saffron flags, vandalized the remains of the church and pelted Christians with stones, while police stood by as mere spectators, reported the Christian Legal Association of India. A child and three church members were injured in the attack. A complaint has been registered and police protection has been provided on the church premises.

Andhra Pradesh – A revenue inspector and his workers demolished a church building on Sept. 3 in Hyderabad. According to the All India Christian Council (AICC), the revenue inspector identified only as Srihari said that he had carried out the demolition according to orders from another revenue inspector identified only as Sudhakar. The pastor, identified only as Jairaj, had all pertinent documents for legal ownership of the land, but the inspector refused to listen to him and went ahead with the demolition work. Hindu extremists reportedly had earlier pressured the pastor to vacate the building. Pastor Jairaj has sought help from the National Minority Commission. Moses Vattipalli told Compass that AICC has decided to file a case against the revenue officers.

Report from Compass Direct News