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January 18, 2010

India: Kandhamal Survivors letter to the Mohapatra Commission

(A letter to Hon’ble Justice Sri Sarat Chandra Mahapatra, Chairman, Inquiry Commission for Kandhamal Violence sent by Sampradayik Hinsa Prapidita Sanghathana (Association of Survivors of Communal Violence) formed a month's back by the victims of Kandhamal violence irrespective of their caste, community and religion.)

SAMPRADAYIK HINSA PRAPIDITA SANGHATHANA

(ASSOCIATION OF SURVIVORS OF KANDHAMAL COMMUNAL VIOLENCE)

At/Po- MundaSahi, Balliguda, Kandhamal, Ph-9438072385


Letter no-11/2010
Date:13.01.2010

To

Hon’ble Justice Sri Sarat Chandra Mahapatra,

Chairman, Inquiry Commission for Kandhamal Violence,

At State Guest House,

Bhubaneswar.

Sub: Boycott of the Hon’ble Commission by SHPS Association.

Your Honour,

We the undersigned members of the Sampradayik Hinsa Prapidita Sangathana (Association of Survivors of Kandhamal violence), Kandhamal herewith present this memorandum to inform you of our decision to boycott the Inquiry Commission for the under-mentioned reasons:

1. During your days visit to Kandhamal you made a statement stating, inter alia, that the Kandhamal violence is not communal violence but is of ethnic origin. This statement you made even before a proper inquiry was begun. [Enclosed is copy of one of the media reports.]
2. After the Commission began hearings, you made it a practice to brief the press on your “judgment” or ruling of the day.
3. The Commission formulated leading questions on issues such as conversions which were sociological in nature and in fact would further incite the violence which was still going on unchecked.
4. Responsible public officers like Pravin Kumar, police Superintendent, former and present police DG Gopal Nanda and Monmohan Praharaj were made to give the absurd but sensitive statements about religious conversion as if it was crime and then what role Police had taken to control the crime. The Police officers did not tell about why they could not prevent the march of funeral procession of Swami Laxmanananda with instigated mobs. Such statements caused further desperation among the witnesses and victims fighting their cases in Fast Track Courts and aggravated the situation. They should be summoned and held responsible for these acts.
5. BJP president, Suresh Pujari’s presence inside the Courts is threatening to the witnesses and inspiring the culprits. Moreover he is allowed to enter into the commission chamber under garb of a lawyer and before the press meet is conducted.
6. Recently, in response to the question of Mr. Adikanda Sethy, MLA, Chhtrapur; the Chief Minister, Mr. Navin Pattnaik, said in the Assembly that the RSS, VHP and Bajrang Dal activists were involved in the Kandhamal violence. The commission should summon the records of the Assembly and take note of this as part of its proceedings, which it has not said it has done.
7. Your media statements have shown clearly that you have pre-decided and have already come to the conclusion about the violence without going through all the evidence that could have come before the Commission if it had proceeded without pre-conceptions and patent bias.

In the face of all these, we are left in no other position than to boycott the proceedings of the Honorable commission, holding it biased and its statements based on preconceived notions which are not rooted in facts or investigations.

Yours faithfully


Convenor

SHPS, Kandhamal, Orissa.

N.B:-

Copy of the memorandum has been sent to the following personnel

1. Her Excellency, the President of India, New Delhi
2. To the Honorable Prime Minister of India, New Delhi
3. The Hon’ble Chairman, National Human Rights Commission, New Delhi
4. The Hon’ble Chairman, State Human Rights Commission, Orissa.
5. The Home minister, Minister of Home affairs, Govt of India, New Delhi
6. The Minister of information and Broadcasting, Govt of India, New Delhi.
7. The Hon’ble Commission for Scheduled Caste, Govt of India, New Delhi.
8. The Hon’able Commission for Scheduled Tribe, Govt of India, New Delhi
9. The Hon’ble Governor, Orissa, Bhubaneswar.
10. The Chairman, Editors Guild’s Of India, New Delhi
11. The Hon’able Commission for Minorities, Govt of India, New Delhi





Encls:

Justice Sarat Chandra Mahapatra statement before first affidavits

Newsreader, “Justice Sarat Chandra Mahapatra commission enquiring into Kandhamal violence has issued a notification for the general public to submit affidavits by 15th (of Number 2009).

Based on the affidavits, the commission shall develop framework/procedures on 28th of this month.

In the meanwhile, Justice Mahapatra commission after his visit to Kandhamal in his preliminary assessment stated, “Communalism is not the primary reason for the riot.”

Reporter: Justice Mahapatra is not ready to accept that Kandhamal incidence is communal conflict. Justice Mahapatra appointed to make enquiry into Kandhamal violence said, “The problems are ages. It cannot be attributed to the bitterness of the two communities”. “Likewise, in order to find out the reasons for killing of swami and the violence thereafter and the role of the administration in aftermath of the killing, and the hand of external forces to intensify the conflicts have to be looked into it” he said.

Justice Mahapatra’s voice, “Administration, social and political when all these combined, discontentment got deepened and it manifested from the killing of Laxmanananda”.

Reporter: In the meanwhile in order to know the opinions of the general public about Kandhamal incident, Justice Mahapatra has issued a notification:

The murder of Swami Laxmanananda and the violence thereafter; The involvement of individuals and the role of community; Anticipation of riot and the preventive measures taken for the riot the hand of individuals/institutions inciting Kandhamal incident should be submitted before the Enquiry Commission before 15th ( of November).

Justice Mahapatra commission: ‘If affidavits submitted in large numbers, then my enquiry could objective and impartial’.

Reporter: After 28th hearing, the next course of action will be decided by Justice Mahapatra Commision. Last month, from 14th to 21st (14thto 21st of October 2009), Justice Mahapatra has visited different parts of Kandhamal and interacted with the local people and at the administration’. Report by Radhamadhav Mishra, OTV.

Source: OTV, Orissa