Gives Orissa Slew Of Orders To Bring Back Normalcy
The Supreme Court on Wednesday refused to order a CBI probe into the nun’s rape case and asked as to why the victim was not participating in the test identification parade of the accused to nail the culprit despite having stated that she can identify the perpetrators. “If you do not cooperate with the police in investigating the case and finding out the truth, there is little this court can do,” the court told Archbishop Raphael Cheenath, who was virtually pleading on her behalf to say the victim had no faith in the state police. Except for refusing CBI probe into the rape case, the SC gave a slew of directions to the Naveen Patnaik government, all aimed at bringing back normalcy in the riot-hit areas and giving protection to the Christian community, which expressed apprehension of being targeted again during the coming Christmas festivities. Brushing aside the Centre’s reservations, a Bench comprising Chief Justice K G Balakrishnan and Justices P Sathasivam and J M Panchal ordered all the additional central paramiliatary forces, which were rushed to the state when rioting was at its peak, to remain stationed there till December-end. It also asked the state government to immediately pay compensation to the victims, give sufficient protection to all relief and rehabilitation workers, including those from Christian NGOs, working to provide succor to victims in relief camps in Kandhmal district and adjoining areas. On the contentious issue of Rs 3 crore demanded by petitioner and Archbishop Raphael Cheenath for rebuilding churches demolished and damaged by mobs, the apex court was at a loss to understand how grants could be given for rebuilding damaged orphanages, hospitals and schools run by the community, but not for the reconstruction of churches. Appearing for the state, senior advocate K K Venugopal said the Naveen Patnaik government was following a central guideline framed for the 1984 anti-Sikh riots when grants were given to charitable organisations run by the Sikh community but not for building damaged gurdwaras. However, he said the state was ready to contribute if the court so directs. The Bench asked the state government to generously consider providing grants for reconstruction of churches and encouraging inter-community meetings to bring back peace and normalcy in the riothit areas so that communal harmony prevails. The nun’s rape case was the focus of the proceedings that went on for more than two hours before the Chief Justice’s Bench. When the court wondered as to why the nun was not cooperating with the police in the investigation, senior advocate Colin Gonsalves, appearing for the petitioner, pooh-poohed the state’s claim of a fair investigation. He said the nun had alleged that after the rape she was in protection of policemen who did not do anything when a mob dragged her out, stripped her and paraded her in the entire village. No policeman has been punished for derelection in duty, he alleged. Venugopal pointed out that these allegations were not part of the original complaint. Gonsalves said this attitude of not trusting a rape victim had pained her immensely and she now felt that there was no point in pursuing the matter as the sinners would be punished in their next birth.
No faith in the panels probing riots: Archbishop
Archbishop Raphael Cheenath told the Supreme Court that the Christian community in Orissa has no faith in the ability of the two inquiry commissions headed by retired high court judges to find the truth in the communal riots of December 2007 and the August 2008. The Naveen Patnaik government had appointed the Justice Panigrahi Commission to probe the communal riots during Christmas of 2007 and has now appointed another inquiry commission headed by Justice S C Mohapatra to probe the riots that broke out after the killing of religious leader Swami Lakshmananand on August 23, 2008. Appearing for the Archbishop, senior advocate Colin Gonsalves said the commissions had refused to adjourn hearing even when riots were going on and the community was finding it difficult to arrange for advocates to present its case.
Source:- The Times of India 23 Oct. 08 P. 13 New Delhi
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3 comments:
If each and every victim wants a CBI probe, then why do we need a police force.
http://whataindia.blogspot.com
This is not a usual case, Do you expect the police men who were witnesses to the crime.. and thereafter refusing to record a statement as per due procedures of law to investigate impartially and bring the culprits to book.
This is a rarest of the rare cases and the machinery needs to set the right example to the perpetrators.
Thomy
From the stand taken by the victim it appears that the allegation of rape on her is a false charge on the mob.The Archbishop is misusing the apex court to play with the world opinion on alleged attacks on Christians by the Hindu majority in India.The fact remains that what is happenning in kandhmal is among two groups of the same community. The foreign funded Churches have converted a part of the community and made them christian minority. The Church further got the leader of the community, a Hindu monk 84 years old killed on the very birthday celebratinons of their Lord Krishna on the 23rd August.Happenings in Kandhmal is in no way a reflection on the attitude of majority Hindus in India on the minority Christians.
Despite the considerate observations by the honourable Supreme Court of India, the petitioner Archbishop has expressed his lack of faith in the judiciary by criticising the apex court in a Press conference in Delhi where the tutored version was read out by the victim of the alleged rape.The claim that Enquiry Commission headed by Judges after consultation with the aggrieved parties has no legal basis.The Commission of enquiry is not an Arbitration body between parties. It is a professional fact finding body to recommend measures within the defined terms and conditions.The Archbishops conduct exposes the shift of allegiance from the Constitution of India to that of Rome, the Vetican City!
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