MY EXPERIENCE WITH PANIGRAHI COMMISSION
S.H .Iyer Advocate - HRLN
ATTACKS ON CHRISTIANS IN ORISSA
The history of violent attacks on Christians in Orissa is not new. Ever since the legislature of Orissa enacted Orissa Freedom of Religion Act in the year 1967, the onslaught on Christians by the upper caste Hindus steadily got momentum and was at peak in December 2007 when hundreds of residential houses, schools, churches and such other buildings of the Christian community of Kandhamal district of Orissa were destroyed mercilessly by the violent mobs of RSS, Bajrang Dal, VHP etc.
In the year 1984 around 94 houses, schools, hostel buildings, churches were burnt and since then systematic attacks have continued almost every year. On 22nd June 1999, an Australian priest Rev.Graham Stains and his two sons Timothy and Stephen were burnt alive and killed by the Hindu fundamentalists. The last attack was in December 2007 during Christmas festival.
The man behind all violent attacks on Christians in Orissa for the past four decades is Swami Laxmanananda Saraswati of Sangh Pariwar Through his hate campaign and lies he has been poisoning the minds of the simple people in the villages.
VIOLENT ATTACKS OF 2007
The local Christian community organizations of Bamunigaon village of Kandhamal district of Orissa obtained necessary permission for holding Christmas celebration. It was at that point of time when a Bandh call was given by the Sangh Parivar on 25th and 26th December. The miscreants ransacked and destroyed all Pandals, stage etc. made by the Christians on the main road of Bamunigaon village for celebration of Christmas. Swami Laxmananda landed up at the spot in his jeep and ordered his security guards to disperse the crowd that had gathered on the road. Trouble started when the guards beat up the people with sticks to make way for Swami’s jeep. Somebody from the mob pelted stone on Swami – and that was enough. The Swami made lot of hue and cry, lodged complaint with Police, got himself admitted in the hospital and ultimately a message was spread all over Orissa – Christian attacked Hindu religious leader Swami Laxmananda. From that very moment onwards, thousands of saffron-brigade goons tookover the law and administration, as was evident in Gujarat after Godhra carnage in 2002.
ENQUIRY COMMISSION
The Government of Orissa appointed Enquiry Commission under the Chairmanship of Justice Basudev Panigrahi, a retired judge of the Orissa High Court to enquire into and report in respect of the incidents of violence and recommend remedial measures.
PROCEEDINGS OF COMMISSION IN THE FIRST SITTING AT PHULBANI
The Commission held its formal sitting at Bhubneshwar in May 2008 and thereafter the first sitting for witnesses commenced at Phulbani town from 14-6-2008.
On the very first day of hearing, Justice Panigrahi addressed the Advocates present in the proceeding- to convey the message of the State – that he has already visited all the riot affected villages, that he has already met the victims and has already made up his mind and that he would hold enquiry at four places and complete the enquiry within three months as per notification by calling five to six witnesses from every village. “During my visit to the riot affected villages I have noticed that the Christian have brutally attacked an 84-year old holy Swami Shri Laxmananda and have destroyed the houses of Hindus. In some villages I have also noticed that certain Christians have also been attacked…”
While he went on speaking, HRLN Advocate Mr. Shri Subramaniam Iyer, who was representing the Archibishio of Bhubaneshwar and Cuttack protested, “I am sorry to interrupt. I must remind the Hon’ble Commission that the Commission has been appointed by the Government under the provisions of the Commission of Enquiries Act to inequire into the facts and circumstances that led to the communal flare-up in Kandhamal district. We, all the advocates, are here to assist the Hon’ble Commission to find out the true facts. We may be representing different communities but we are officers of the Commission. As far as the Commission is concerned, we have to look at the victims as victims of violence rather than branding them as Christian victims or Hindu victims. We must identify the victims as victims of violence irrespective of their religion and we must be fair and impartial to all and must strive to achieve the ultimate objective of the Commission. I may point out that the ultimate objective of the Commission is to establish peace and communal harmony in the region. The Commission is required to submit its report to the government with recommendations suggesting remedial measures for preventing recurrence of such communal in future.” The first day’s proceedings were concluded.
Next day again Justice Panigrahi reiterated that he would call five to six witnesses in a day for examination and also complete their cross-examination and that in four days he would complete examination of twenty witnesses. Once again Mr. Iyer objected. “As I said yesterday, we must be fair and impartial to everyone and all those who have filed affidavits must be heard” said Mr.Iyer. “How many affidavits are there”? Asked Justice Panigrahi. “There are in all 473 affidavits” said Mr.Iyer. "What!! 473 affidavits? And you want me to call all 473 persons? “Yes. All 473 persons must be called because they are victims of riots” replied Mr.Iyer. “You see, Mr. Iyer, if I have to call all 473 persons, I don’t think I will be able to complete enquiry before two years” said Justice Panigrahi. Mr. Iyer replied, “I have already said that we must be fair to all. The Commission is here to do justice to all. The Commission can’t pick and choose the persons. While I do agree that time is the essence in the administration of justice but time can not be adhered to at the cost of justice. Here we have received only 473 affidavits. I am associated with Nanavati Commission in Gujarat where we have more than 45,000 affidavits. Nanavati Commission was appointed way back in the year 2002 and still it is going on.” Finally he agreed to call everybody.
WHAT THEY' SAID? The evidencing of the witnesses from Sangh Parivar had the same story to tell. That the Christians have themselves burnt down their houses, churches, schools etc. and after burning all these, they attacked the Hindus. That the Christian missionaries are converting poor tribal Hindus to Christianity with the help of their foreign fund’ etc. If the opening remarks of the Commission were any indicator, the Government objective was only to put the stamp of approval on what the witnesses have said against the Christians to be the truth.
While concluding the proceedings on the last day of the first session of sitting at Phulbani Justice Panigrahi thanked everybody. “Now since the commission has already commenced the proceedings, let us hope that communal harmony is restored. I would request the representatives of both the communities to convey a word of restraint to their respective community and maintain peace.” Mr. Iyer immediately responded. “From my side I assure the Hon’ble commission that I shall convey the message to the community and undertake that the Christians shall not indulge in violence and shall maintain peace. Similar undertaking I expect from my learned friends too.”
Justice Panigrahi immediately interrupted…“It goes without saying that the Hindus shall also maintain restraint, both in letter and also in the spirit.”
On the very next day it was reported in the local newspapers that the Shankaracharya of Puri had called upon all Hindus to take arms and come on streets to save the Hindu religion. An application has been made to the Commission to recommend to the government to grant sanction for prosecuting Shankaracharya under section 153A of IPC.
The Commission is scheduled to undertake further hearing from 18th to 22nd August 2008.
