6 convicted, 5 acquitted in communal cases in Kandhamal, Orissa

By Ajaya Kumar Singh

23rd September 2009

In the major case, the fast track court in Kandhamal today, 23rd September 2009, convicted 5 accused with life imprisonment for the murder of Akbar Digal and fined them 5,000 ruppees (USD 120) for arson and looting as well as burning of the houses. The five accused are 1. Popu Pradhan 2. Sabito Pradhan 3. Dharmaraj Pradhan 4. Mania Pradhan and 5. Abhinas Pradhan.

This is the third trial of murder cases. In the previous two cases, Bharatiya Janata Party Legistlator, Orissa Assembly Manoj Pradhan and others were acquitted of the murder crimes.

Akbar Digal, 40, Sulesoru village of Burbinaju post under Tikabali police station in Kandhamal district, Orissa was a pastor in Totomaha village in Mondakia Gram Panchayat under Raikia block. As the hindu radicals trooped into the village, the dalit Christian villagers run for their life. Akbar, pastor could run into turmeric field for a cover on 26th of September 2009 while his wife and 5 year child run in another direction. The murderous radicals were determined not to return without their target, Pastor Akbar. They searched every house one by one, looting the valuable and setting the house on fire. Akbar could not escape the murderous eyes as they marched towards the turmeric fields. He was caught and was asked to denounce Christ and become Hindu. ‘Be Hindu and save your life’. He refused. The attackers could not wait longer. They beheaded and cut into pieces. The Holy Bible was in the place thrown into the corner. Once the murderous crowd left the place, the wife came only to see his dismembered and burnt body. He left for heavenly abode with a young wife and five year child.

This has emboldened the Christian community. There is definite reassurance that the justice be ensured for the kandhamal victims. Jay Prakash, 46, brother of Akbar said, “We are happy that justice is done to our brother soul. The barbaric attack demands severe punishment of the culprits’.

Bulgan Digal, 48, elder brother, who has retired from Indian Air Force says, “When I used to read the newspapers about the culprits being acquitted, I had given up hope of justice for us. This judgement will boast the confidence of the witnesses as well as sagging moral of the Kandhamal victims of the fight for justice’. He hastened to add,”It would deter the cuprits for committing similar crime future’.

His Grace, Dr.Raphael Cheenath,Archbishop of Cuttack-Bhubaneswar said, " We are happy and welcome the court verdict. This would enhance and embolden the christian community as well as the intimidated and frightened witnesses to come forward to give witnesses". " I hope the witnesses would come forward to testify the truth. The struggle for justice has to go on and justice should be ensured for the victims'.

On 22 September, the fast-track court in Orissa State Tuesday sentenced six people to three-year rigorous imprisonment

for their role in the communal violence in Kandhamal district last year, but acquitted five others accused.

“Six persons have been awarded rigorous punishment of three years and Rs.4, 000 (US$_100__) fine,” said public prosecutor P. K. Patra, while five accused were set free. In another case, it has released 6 accused on bail.

So far, the fast track court has completed 21 cases related to anti- Christian pogrom that was carried out by Hindu fanatics. The court has convicted 19 persons while released 88 persons in the communal violence in Kandhamal.

The fast-track court in Kandhamal, about 215 km from the state capital, Bhubaneswar, was hearing a case relating to the torching of a house of a journalist named Ashok Kumar Ray in Phiringia village. “I am welcome the court’s verdict’, said Ashok and went on to add, ‘I shall get full justice, if mastermind of our house burning attack behind the bar’. Ashok Ray had a grocery shop. One of the convicted, Tapan was working in the shop. On hearing the attack on a Parish Church, Ashok, a hindu said to the radical hindu friends that they have not done right in pulling down a Parish church in Pabingia, 30 K.M. away from the district headquarters. This did not go well with the radicals, who by now concluded that he was taking side of the Christians and raised his shop and house to the ground.

So far 19 radical Hindus have been convicted, and 88 set free in 21 communal cases in Kandhamal

The judgement has not come without price. He testified against the accused before fast track court. The accused were furious. He was heckled and threatened outside the court premises during the testimonies. Mr.Ashok brought the matter before the court, which directed the complainant to report to the police. He reported to the police against the accused. The police refused to accept the complaint until it is brought before the Superintendent of Police, Phulbani. By the time, the accused hand in globe with the local police threatened Mr.Ashok to withdraw a case or ready to be booked under Prevention of Atrocities against SC/ST Act. Mr.Ashok had to withdraw case fearing the arrest on the pretext of this Act as he does not belong to these communities.

Fr.Prasan Singh said,” I am happy at this verdict’, but hasted to add, ‘the acquittal rate is alarming as hundreds involved in 21 cases settled so far and only 19 accused are only convicted. The police has to do a proper investigation if at all we shall have more convictions”.

The Cuttack-Bhubaneswar Archbishop Raphael Cheenath, said, ‘We welcome the verdict. It shall boast the witnesses not to be cowed down, but testify the truth”. The prelate, who has become a voice against the anti-Christian violence, adds, ‘I am concerned about the acquittals of the accused in the heinous crimes like murders’. He calls for ‘a very strong prosecution, well-knit investigation and protection of the witnesses’ to give justice to the victims.

More than 50,000 Christians fled their villages after their houses were attacked by rampaging mobs, who held Christians responsible for Saraswati’s killing although police blamed Maoists for the crime. The violence claimed 70 persons while around 5000 houses burnt to ashes. The Maoists too later owned the responsibility for the killings of Saraswati and his four aides.