Monday, January 5, 2009

Central Troops in Kandhamal till Elections: SC


Firmly rapping the Orissa government for failing to ensure the safety of Christians, the Supreme Court on Monday directed the Orissa government to coordinate deployment of Central paramilitary forces in Kandhamal with the Union Home Ministry till the general elections scheduled for later this year.

A Bench, consisting of Chief Justice KG Balakrishnan and Justices Markandey Katju and P Sathasivam, passed the order after senior counsel for Orissa KK Venugopal said the Centre planned to withdraw the forces by January 15.

The Bench said the Centre should take an appropriate decision after analysing the law and order situation in the State. It further asked the Orissa government to order the payment of compensation for churches damaged in violence.

It posted the case, filed by Archbishop of Cuttack Raphael Cheenath, for further hearing after six weeks.

Earlier, Justice Katju told Venugopal: “You had failed in your duty to protect minorities.” When counsel maintained that necessary action was taken, he said, “You had done it much later after 50,000 Christians fled to the jungles. You can’t run your government like this. We can’t tolerate persecution of minorities. If your government is unable to protect Christians, you better resign. We are a secular country and no minority should feel insecure in our country.”

When Additional Solicitor-General Gopal Subramanian said the Central forces would be withdrawn in a phased manner only if necessary, Justice Katju told him: “You (the Centre) have a responsibility to protect the minorities. You have to ensure that they are safe.”

Some 150 churches and institutions were damaged in the communal frenzy that followed the assassination of a noted anti conversion proponent and VHP leader Swami Laxmanananda.

The State was offering a compensation of Rs. 40 lakh as against the demand for Rs. 3 crore. The estimate for repairs was Rs. 5 lakh to 6 lakh but the State was providing only Rs. 50,000 while no compensation was considered in some cases.

Venugopal said in cases where there was a dispute over land — whether the structure was an encroachment or it came up on forest land — compensation was kept on hold. Payment could be considered only if the structure had come up on land other than forest and government land.

Meanwhile a Catholic nun, who was raped on August 25 during the Kandhamal communal riots, identified two accused at the Choudwar jail in Cuttack on Monday. All 10 people arrested in the case were paraded before the victim.

Those identified by the victim included Mitu alias Santosh Patnaik, whom the prosecution has been projecting as the main accused. Mitu along with two persons was arrested from Kerala.

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