Kandhamal Update March 2011

ORISSA KANDHAMAL UPDATE

MARCH 18, 2010

Deep in village, thugs enforce economic boycott of Christians

From John Dayal

As Archbishop Raphael Cheenath, now on a farewell pastoral tour of Kandhamal, extols the courage, faith and perseverance of the Dalit Panos and Tribal Kondh Christians of the central Orissa district in the face of unceasing Hindutva pressure, deep in the villages, the economic boycott of Christians in enforced by organised gangs of fanatical thugs.

The 77 year old Divine Word Society prelate of Orissa retires on 2nd April 2011. Like Archbishop Alan De Lastic of Delhi who emerged the face and voice of the community in his unflinching challenge to persecution in the 1990s, Cheenath was the central figure in the legal and civil society challenge to mass arson, serial murders and gang rapes unleashed in 2007 and 2008 by members of the RSS, Adivasi Kalyan Ashram and Bajrang Dal, whose political identity was confirmed by Chief Minister Naveen Pattnaik in the State Legislative Assembly.

Cheenath saluted his people saying “You have raised the faith into new heights at the face of death. I am proud of you.” As he cautioned them not to be misled by the apparent peace prevailing in the area, he said “For the government, peace has returned, but I am not sure how long it would remain, We cannot sit idle, but continue to fight for our Constitutional rights, especially religious freedom to earn sustainable peace.”

In the past, stressing that justice and peace had to go together, the Archbishop moved the Supreme Court in 2008 when the arrogant Collector-cum-District Magistrate Dr Krishna Kumar banned the entry of Christian relief organisations to help the traumatised people. The Supreme Court ruled in the Archbishop’s, favour. He has moved the Supreme Court through the Human Rights Law Network on several issues, including a challenge to the Orissa High Court granting bail to a convicted murderer, Manoj Pradhan, on the plea the he was a legislator. The Supreme Court again ruled against the lower court.

Despite these heroic efforts, much remains the same in that heavily forested district as far as justice and state action is concerned. Br Markose, a Gabriel Brother from Ranchi now working at the grassroots, has been systematically reporting issues of economic boyctott an official apathy.

In an email to me yesterday, Br Markose narrated recent cases of vigilante decisions from Bodimunda where houses of Christians were destroyed in August 20908. Twice during 2009, the Christians tried to bring construction material such as sand to rebuild their houses. On both occasions, the sand was reloaded into the tractor and taken to the temple. The owners of tractor were fined before the vehicle was released by the hardcore Sangh cadres of the village.

After six months, due to the untiring efforts of activists, the villagers took courage to hire a tractor and bring sand. On 14th March this year, Pradeep Nayak hired a tractor from village Rudangia and brought two loads of sand. The next day, Joseph Nayak hired the tractor of Tileshwar Digal of village Breka,. After making two trips, driver Ishak was stopped by a mob of about 12 persons led by Birendra Pradhan, stopped him and demanded a fine of Rs. 5051. The driver did not have the money. He left the tractor on the road and returned to the village.
Nabin Nayak and Bikram Nayak called Bro Markose on the phone who told them to immediately tell the police. Pastor Sunil Paricha called up the Superintendant of Police who referred him to the Tikabali police station. The Police cane to Bodimunda at night and the tractor was released. But the goons had taken away battery, jack and wrench from the tractor in lieu of fine. They told the driver that these materials would be returned when fine was paid.

On 17th March a four-hour long meeting was held at Catholic Church of the village more than 60 Christian men and women participated. Finally they wrote a formal report to the police, saying they would see the matter through, come what may.

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LEGAL FACT-SHEET AND UPDATE DECEMBER 2010

Complaints lodged before the police station in Kandhamal after the
Violence of 2008 -- 3232
Cases registered -- 831
Number of cases committed to the Fast track courts 1 & 2 -- 277
Number of case Acquitted ( Violence case ) court No – 1 & 2 -- 128
Number of case Convicted ( Violence case) court No – 1 & 2 -- 59
Number of case pending trial (Violence case) court No – 1 & 2 -- 44
Accused convicted so far --183
Accused acquitted so far -- 639

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.