Press Release 21-10-2008Archbishop of Cuttack - Bhubaneswar, Orissa
Press Release Archbishop Raphael Cheenath S.V.D.
1.
With respect to the communal violence that began in
Kandhamal
district of the state of Orissa in
December, 2007 the state government has appointed the
Justice Basudev
Panigrahi Commission of
Inquiry. Similarly, with respect to the communal violence that
flared
up in August 2008 in different parts of
Orissa, which continues unabated, the state government has
appointed
the Justice S.C. Mohapatra
Commission of Inquiry.
2.
I am profoundly distressed by the fact that the Chief Minister
did
not consult the victim community before
deciding on the persons to head these Commissions. The very
least that
is expected from the state
government is that it take the victim community into confidence
so
that the Commissions of Inquiries are
headed by persons who are, in the perception of the victim
community,
both independent and strong
willed enough to hold the officers of the state responsible. The
present appointments have been made in
haste disregarding the point of view of the victim communities.
3.
Our experiences before the Justice Basudev Panigrahi
Commission
have been demoralizing to say the
least. Advocates for the victim communities appeared before
Justice
Panigrahi and filed statements on
behalf of approximately 275 victims and others. They began full-
hearted participation in the inquiry
despite their reservations as to the independence of the
Commission.
Their confidence was shaken when
the second round of attacks began and they informed Justice
Panigrahi
that not only the Christian
community but also some of the advocates representing the
victims had
come under the threat of assault
and they therefore requested Justice Panigrahi to adjourn the
hearing
for two months. Justice Panigrahi
refused. It became impossible for the victim community and
their
advocates to participate freely in the
Commission. Victims were without food, houses were being
burnt, people
were being killed; all this was
pointed out to Justice Panigrahi and a most reasonable request
was
made to keep the Commission in
abeyance until matters settled down.
4.
Not only was the request refused but the Commission is
proceeding
in undue haste. Some members of
the victim community undoubtedly manage to attend but the
leading team
of lawyers and the main victims
cannot attend. It is also very difficult to travel within Kandhamal
to
meet the victims and prepare them for
the proceedings. They have been traumatized and are scared
and need to
be given confidence to speak
out. This is especially so because the assailants are still
roaming
free in the villages and may, in all
likelihood, attack the witnesses for deposing before the
Commission.
It was expected of the Commission
that it would have some sensitivity in respect of witness
protection
to maintain the sanctity of the
Commission proceedings; but this is not so. A formal order has
been
made but no protection on the
ground is available.
5.
This leads me to the conclusion that the Justice Panigrahi
Commission is more interested in covering up
the misdeeds of the state government and its police force
whose
actions have been truly shameful, rather
than to identify the organisations and prominent individuals
behind
the fascistic attacks. The Commission
wishes to produce its report in undue haste with a view to giving
the
Chief Minister and his officers a
clean chit. In the circumstances I have no hesitation in stating
that
I have no faith whatsoever in the
Justice Panigrahi Commission.
6.
This view also holds good for the Justice S.C. Mohapatra
Commission. I have nothing against Justice
Panigrahi or Justice Mohapatra personally. But I do protest the
appointment being made unilaterally
without consultation with the victim community. He to has issued
notice to the victim community in the
middle of all this violence to file affidavits by the 15th of
November, 2008. Such a formal approach displays
an insensitivity to the suffering of the victims. Victims who do not
know where their next meal is coming
from or those who are hiding in the forests are hardly likely to be
able to identify an advocate and meet
the prescribed deadline. What these Commissions need is a
person of
dynamism like Justice Krishna Iyer
with a compassionate heart and a deep social understanding of
the
nature of communal riots. Perhaps
the state government ought to have approached Mr. Justice
B.N.
Srikrishna who headed the Commission
of Inquiry in respect of the Bombay massacres. Such judges
would
indeed have inspired confidence.
Sadly this is not the case. I do not have confidence that the
Justice
Mohapatra Commission will indeed do
justice to the victims in Orissa.
7.
I am constrained to release this statement because there is,
particularly of late, a distressing tendency to
avoid naming and catching the culprits immediately and to
waste time
by appointing Commissions with
pliant persons heading them in order to protract the conflict and
to
get political benefits by stigmatizing
minority communities. This strategy will not work. The people of
Orissa as indeed the people of the world
know who the assailants are. This is no secret. What it needs is
not
an Inquiry for the truth is well known.
It needs the political will to do what is right in accordance with
the
Constitution of India and the laws of
this land.
8.
In this, I do believe that I have the support of all religious
communities in India. I do believe I have the
support of those professing the Hindu religion in India as well.
Hinduism is a religion of peace, nonviolence
and tolerance. I am a profound admirer of the philosophical and
religious tenets of Hinduism. I
can therefore say with absolute certainty that those who
attacked
Christians in the name of religion are
profoundly anti-hindu and also anti-national. They seek to divide
and
thus weaken our wonderful nation of
kind hearted and generous people.
9.
This is why I am so utterly distressed that our national
leadership
does not appear to be capable of acting
bravely and decisively with compassion and clarity to challenge
these
fascist forces that have divided the
nation and committed so many horrendous crimes again and
again. What
is at stake in the communal
attacks in Orissa is not just the future of the Christian
community
and its security and safety, but the future
of our democratic nation itself.
10.
May God help us all.
Archbishop Raphael Cheenath S.V.D.,
Archbishop of Cuttack - Bhubaneswar,
22.10.08