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Voices of Kandhamal: Part 3

August 16, 2018 | Asia
August 16, 2018
AsiaIndia
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Victims of Kandhamal Violence Still Seek Justice After 10 Years

08/16/2018 Washington D.C. (International Christian Concern) – Justice delayed is justice denied. This is what seven Christian men have experienced after they were accused of assassinating a Hindu godman, Swami Laxamanananda Saraswati, on August 23, 2008 in Kandhamal in India’s District of Odisha. Unfortunately, these Christians have been languishing in various jails across Odisha for the last 10 years without any hope of obtaining their rightful freedom.

The killing of the Hindu godman has and continues to be used as an excuse to justify the hostility and mob violence unleashed against Kandhamal’s Christian community. Hundreds of Christians have been killed; several Christian women have been sexually assaulted, thousands of houses and churches have been burned down, and thousands more are now homeless and traumatized.

In September 2013, the District Court of Phulbani, Odisha, sentenced the seven Christian men to life imprisonment, despite the lack of conclusive evidence to prove their involvement in the murder. The seven have appealed to the High Court of Odisha, but the case hearing continues to drag on.

Father Divya Paricha, lawyer and permanent member of the Odisha High Court, has been representing the seven victims pro bono along with his team of lawyers since 2014. He told International Christian Concern (ICC) that the victims were convicted and sentenced to life in prison based on circumstantial evidence.

In 2014, Father Paricha and his team appealed for bail to the High Court, but their request was denied.

He expressed his concern to ICC, “Every time our case comes up for hearing, something happens and the hearing ends up being adjourned. We do not know whether it’s political pressure or some other issue. They are always told that the judge is absent, transferred, or there is a court holiday, etc…In September 2017, we fortunately got dates for the hearing for six consecutive days. After hearing all our arguments, the prosecution lawyer said he needed some time to study the case. Then the judge was called for a CBI related case and things went into limbo again.”

Father Divya is now planning to appeal to the Supreme Court of India in September in hopes that they can make favorable progress for the seven Christian men.

ICC obtained permission to meet Garnath Challanseth (44) and Bijaya Kumar Sanaseth (42), two of the seven accused victims, who are at the Phulbani District Jail.  

“We have been arrested and jailed for a crime we have not committed. Everyone knows it but we are not able to appeal even for a bail plea,” both men told ICC.

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“Our lawyers have informed us that the prosecution is getting adjournments on flimsy grounds. At this rate, its looks unlikely that the High Court will grant us bail any time soon,” Challanseth shared with ICC.

Sanaseth added, “Now it’s 10 years that we are inside. But we have submitted ourselves to the will of the Lord. Whatever God wants to do with our lives, let it be done. We count it a privilege to suffer for the name of Jesus Christ.”

Suranjan Nayak, a social worker and rights activist, believes that unless the families of these seven men raise a public protest, nothing will change. He said, “There is no doubt these seven men have been made scapegoats and put in jail due to political pressure from right-wing, anti-Christian extremists. But, if these seven men have to come out on bail or at least have their prison terms commuted, then public opinion has to be raised to draw attention and put pressure on the authorities,”

The other five victims are in separate jails in various locations.

ICC obtained quotes from the judgement copy against the seven victims, which state the following: “It is alleged that the Missionaries used charity as a facade for converting people away from their native faith with alliance to Maoists are the perpetrators and conspirators of the assassination of Swamiji (the godman)… The above accused persons (the seven men) have been committed as perpetrators and conspirators behind the killing of Swamiji and charged for commission of offences punishable u/s 147, 148, 449, 380, 302, read with section 149 and section 120B of Indian Penal Code and Section 25 and 27 of the Arms Act.”

Nayak added, “All the seven men are from Tumudibandh and Kotgarh areas, which is 90% Christian population. Authorities are ready to support us provided we come forward. So they (the families of the imprisoned seven, along with others) should organize a rally and do something like a hunger strike. Otherwise, these men will not get justice”

Unfortunately, many perpetrators who participated in the August 2008 violence are still walking free, despite police cases against them and the many witnesses who refuse to identify in court for fear of backlash. In contrast, the seven Christian men are being accused of a murder they did not commit, without substantial evidence, and they are still serving lifetime sentences.

Father Diya also informed ICC that “11,000 people who were involved in the mob violence got anticipatory bail, only 492 were convicted in various cases, 347 cases have been closed for want of evidence. And only two people have been convicted and sent to life imprisonment in two murder cases.”

Meanwhile, Challanseth and Sanaseth have said that their families are surviving through programs that ICC helped sponsor so that they could generate a source of income.

Challanseth has no regrets about his imprisonment because he knows that he is innocent. He said, “Sometimes, our thoughts go towards our families, but we pray that God will meet all their needs.”

Sanaseth added, “We spend our time in jail reading our Bible and we are ever closer to God now. Even the jail authorities treat us well as they know that we have not committed any crime.”

While speaking about the general situation in Kandhamal after 10 years, Nayak said, “An atmosphere of fear still hovers over the Christians of Kandhamal. There is silence everywhere, but there is no peace. In the interior regions, there are many unreported incidents of Christians being asked to leave their villages, etc. The situation can change any time, so the quarter million Christians of Kandhamal have to unite and raise their voice.”

For interviews with William Stark, Regional Manager, please contact Olivia Miller, Communications Coordinator: press@persecution.org

To read more news stories, visit the ICC Newsroom
For interviews, please email press@persecution.org

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