IT probe against CASK- (Catholic Association of South Kanara)

IT probe against CASK- (Catholic Association of South Kanara)

source: The Canara Times

MANGALORE : The Income Tax Department which has accused the Catholic Association of South Kanara (CASK) of tax evasion, has ordered a probe into the same. If the Mangalore Bishop is the patron of CASK, all the day-to-day affairs are monitored by his Marcel Monteiro.

The CASK President had issued three circulars. If the circular dated 1-6-2011 had declared that the Association had earned a revenue of Rs 6,38,600/- through sale of liquor, another circular dated 6-6-2011 had said that 11900 dollars had been received for the centenary fund from Christians in America and Canada. The third circular dated 9-6-2011 had declared that the CASK had received a donation of Rs one crore.

It has been learnt that the CASK had not shown records pertaining to the above funds exceeding Rs 2 crore neither in its statement of accounts nor had paid taxes for the same.Reliable sources revealed that CASK intended to deposit this amount in the name of the office bearers and members of the Association.

The Income Tax Department which has ordered a probe has said that all members and office bearers of the Association as well as the Bishop would be enquired individually and that legal action would also follow.

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VERY IMPORTANT- Justice Saldanha’s letter to the Deputy Commissioner of Mangalore.

TRANSPARENCY INTERNATIONAL INDIA

(KARNATAKA CHAPTER) NGO

NON-GOVERNMENTAL, NON-PARTY, PEOPLES COALITION AGAINST CORRUPTION AND FOR TRANSPARENCY. INTEGGRITY AND ACCOUNTABILITY

A CHAPTER OF TRANSPARENCY INTERNATIONAL INDIA, NEW DELHI ACCREDITED TO TRANSPARENCY INTERNATIONAL, OTTO-SUHR-ALLEE 97-99 D-10585, BERLIN, GERMANY

A-6 Casa Lavelle – 3, Lavelle Road, Bangalore – 560 001 – India Tel: 91-080-2211789, E-mail: transcheck@gmail.com

BY REGD. A.D. / SPEED POST

 “PRIORITY MOST URGENT”

 06th February 2012

The Deputy Commissioner,

Mangalore.

            M/s. Transparency International is a highly respected global institution which inter-alia fights corruption and mal-administration, and in India, it investigates and acts through the State and Central Governments, the Lokayuktas and the Courts in combating malpractices in the public domain.  This body has earned National and Global repute for having investigated and redressed cases of corruption where public servants have mis-conducted themselves resulting in corrupt practices and break-down of the Law and Order situation.  One of the principles that is followed is that the public servant concerned is confronted with the Heads of the Charges, given an opportunity to defend, and after a careful evaluation, the action follows.

There has been serious concern with regard to the break-down of the Law and Order situation particularly in the city of Mangalore as also in different parts of the District, particularly after you have taken over as the D.C. The charge against you is that you are not only close to but are actively mixed up with communal elements who are instigating hatred and violence and that you have now emboldened yourself to the extent of appearing in public  at all important functions organized by these Groups.  This is not permissible as far as a public servant holding a responsible position is concerned.  There is a lot of media coverage as far as this charge goes culminating in two very serious instances.  The first of them is when you prominently appeared at a function organized by one of these Groups and wore a saffron shawl which is proof of your total alignment.  This was followed up by another very serious incident where a van selling hate literature was positioned outside your office for the whole day and thousands of copies of this material was distributed.  There is photographic evidence to establish these two incidents and if there is anything that you wish to point out in your defense, you are entitled to do so.

         Whereas the first charge relates to active collusion and connivance, there is an allied charge against you that despite 27 public demands from individuals and organizations spread over the last several weeks, to take action for extradition of the guilty individuals under the Police Act that you have done nothing up to the present point of time. This action is mandatory and not discretionary and the non-action is conclusive proof of total collusion with the law-breakers.  This patronage from the DC has openly encouraged the persons involved in these unlawful activities to instigate violence and communal hatred and they are 100% confident that the authority who is statutorily empowered and required to act against them will not do so.                

          This constitutes showing of favor to persons who are on the wrong side of the Law and constitutes an offence punishable under the Prevention of Corruption Act.  There is a file full of material under this Head of Charge including videos and audio C.Ds.  It is open to you to put forward your defense in respect of this Head of Charge.

         Incidents of extreme seriousness had occurred with regard to malafide, vicious and vindictive action directed against a Kannada Publication by the name of ‘Karavali Ale’.  Anti-social elements were used to attack the Press and to interfere with the circulation and it was found that the Police and the Administration were co-conspirators in these offences.  At the instance of some highly placed individuals, the Editor was arrested on false and untenable charges shifted from place to place and even produced in Court in chains.  These incidents shook the conscience of the State of Karnataka, the sub-continent and came in for condemnation by the global media.  The Karnataka High Court passed severe strictures against the State Government and the individuals involved and even ordered the payment of heavy compensation.  There is a very strong Report from the Press Council of India in respect of these incidents which is under consideration by a host of International bodies.  The State Human Rights Commission has condemned every one of these actions and has recommended stringent steps to the Government of    India.  Regardless of this background, it is reported to Transparency International India, that you have issued fresh Summons to the Publication and are trying to reopen the matter inter alia to harass and blackmail.  In the background of charges (1) and (2) the irresistible conclusion is that this action which bristles with malafides is at the instance of the various communal elements whom you are heavily mixed up with.  This automatically and totally disqualifies you from taking any steps in the matter not because they are completely and totally unjustified but more importantly because you have a personal animus against the Publication.  It is reported that merely because they have carried news and photographs in relation to charges (1) and (2) which have also been carried by the rest of the media and TV channels that you are not only biased but motivated.  If the Law permits any enquiry to be held, it will have to be done by an authority other than yourself as it is well settled Law that no proper or fair enquiry can be conducted if the Enquiry Officer is himself tainted.  Also, there is a well defined principle which has to be observed namely that there has to be valid factual and legal justification for initiating such a step, it is required to be stated as to under which Provision of Law, the proceeding is being initiated and if these ingredients are satisfied, a valid Show-cause Notice setting out the Heads of Charge and the material in support have to be served on the affected party.  If the allegations are disputed, a proper enquiry will have to follow in keeping with the rules of Natural Justice resulting in an Order that passes legal scrutiny.  The Law also postulates that if the Order is adverse that it cannot be given effect to until a reasonable period of time for filing an Appeal or challenging it in Court as elapsed.  On the facts of the present case, in spite of what has been pointed out to you, if you insist on conducting the enquiry for yourself, the proceeding will be rendered void, apart from the fact that it will be added proof of malafide action and will invite a strong Order from the High Court, in addition to disciplinary action.  Also, it is well settled Law that if such a proceeding is instituted without there being valid and cogent justification, that the Law prescribes heavy penalty on the official concerned.

             This notice is being formally served on you and considering the fact that you hold a responsible position, reasonable time of Four Weeks is accorded to you to put forward whatever reply / defense you may desire to adduce.  If no reply is received within the prescribed period of time, it will be presumed that you have nothing to say by way of defense and that the Heads of Charge stand admitted.

Finally, it is in your own interest to STAY any further steps in the enquiry until these issues are decided.

 

For TRANSPARENCY INTERNATIONAL INDIA,

 (KARNATAKA CHAPTER),

Sd/-

(JUSTICE M.F. SALDANHA)     

CHAIRMAN.

  Copies distributed to press by PUCL, for favor of wide publicity

         (P.B D’Sa)

Important – STOP PRESS – PLEASE PRAY & ACT

STOP PRESS – PLEASE PRAY & ACT

Islami Shariat Court Indicts Dutch Fr. Jim Borst & Pastor CM Khanna?

Srinagar, Jan 11: Supreme Court of Islami Shariat Wednesday indicted Christian Pastor C M Khanna and Dutch national, Jim Bhorst for their involvement in luring people to convert their religion. The court said it will announce its verdict against the accused soon. The court had summoned Khanna in connection with the case today. His statement was recorded and he was shown a CD – proof of his involvement in the sensitive issue. “During the hearing, Khanna confessed about luring people to change their religion to Christianity. He also made some startling revelations.” 

Deputy Mufti-Azam Jammu and Kashmir, Mufti Muhammad Nasir-ul-Islam said, in a statement, that it has been proved beyond doubt that the accused pastor who is putting up in Kashmir for past many years, has been along with other accomplices luring people to change religion. “The Kashmir situation is going through a critical phase and if such elements are not brought to book it will have a serious negative impact on the society. It is shocking and surprising that state government was allowing such activities. Kashmir society will not tolerate such activities at all and we stand united against such elements,” Mufti Nasir said adding that detailed verdict against the accused would be made public soon.

http://www.greaterkashmir.com/news/2012/Jan/12/islami-shariat-court-indicts-pastor-dutch-national-65.asp

Anti-Christian Violence & Persecution Peaks
The CSF 2011 India Persecution Report Released
A Major Attack a Day on Christians – 1000 cases in Karnataka
Orissa Leads in Killings and Inordinate Delay or Denial of Justice
Top 10 Persecuting States Indentified. Incidents & issues in others too
Anti Conversion (Blasphemy) & Cow Slaughter Laws Affect Minorities…
Missionaries who Served for Decades also Threatend with Deportation, etc.

Over 1000 major cases of anti-Christian violence: The CSF 2011 India Persecution Report

Justice Michael Saldanha, the former judge of the Bombay and Karnataka High Courts, stirred a hornets nest, when he said that he had evidence of a thousand cases of religious liberty violations in Karnataka alone, where the State Minorities Commission members, rather than helping the victims, asked them questions like – How many lakhs had they had been given to convert? and You don’t know the teachings of Jesus, because you complain and don’t forgive? Justice Saldanha whose report on the Karnataka anti-Christian violence is the last credible and authoritative word on the subject, was speaking at the release of The CSF 2011 India Persecution Report, which highlighted that there was at least one attack a day on Indian Christians and also described other freedom of faith issues. He therefore called for effective minority forums, which help the community, rather than cover-up the misdeeds of the culprits in cases of persecution of minorities, as is the case in Karnataka and elsewhere too.

Justice Michael SaldanhaJustice Michael Saldanha: Karnataka – Rogue State No.1

He said that The CSF 2011 Persecution Report rightly accords Karnataka the Rogue State No. 1 status, even though it did not have any recorded or direct killing, as happened in Orissa, which is place second in the report. However, with all its grim and harsh reality of persecution, The CSF 2011 India Persecution Report still does not fully capture the full and comprehensive extent and impact of the attacks in Karnataka against the community. To begin with, the Hindutva warcry “Phele Kasai, Phir Isaai” (First Muslims; Then Christians) was less heard, but more practiced in the state. Both minorities were being targetted, but Christians are more severely attacked. He said if according to The CSF 2011 India Persecution Report the national average was one attacks a day, then Karnataka with a minimum of 3 – 5 attacks can correctly claim the dubious distinction of being the worst in the country. He called for the report to be circulated widely not just nationally, but also internationally that the true plight of Indian Christian be known.

Justice Saldanha said that the race for the notorious top spot seems to have won by Karnataka largely because State Terror is what singles out this state. Though no direct murder as yet, but the very large scale on which persecution is conducted almost daily by official agencies, even beats other BJP ruled states, like Gujarat, Madhya Pradesh, Chhattisgarh, etc. The police, bureaucracy and lower judiciary give the impression of having abdicated their duty and allowing themselves to be slaves and arms of their political masters who rule the state. The communal pogroms unleashed by the fundamentalist forces is unheard of in any other state. Thousands of false cases are registered with the alleged connivance of the authorities, at the instance of the politicians to consolidate the majority vote. Justice Saldanha concluded that The CSF 2011 India Persecution Report is a potent weapon in the fight against communal forces and in a way expose the grave threat Indian Christians are exposed to.

Dr. Prof Ram PuniyaniDr. Prof Ram Puniyani: Hindutva – communalising politics

He is the mentor of Plural India and an authority on Hindutva, having studied the saffron right wing brigade for decades said that the Hindutva affiliates had now clearly turned their attention to Christians, as they found the community to be soft targets, with little fear of retaliation. He said on going through the reports coming in from all over the country, the incidents were widespread and scattered (urban and rural), but more in the latter – Tribal, Adivasi, Mofusil and Backward and. Adivasi areas. It is here, where Christians have been rendering yeoman service (as few fear to tread), that the fanatics of RSS affiliates like VHP, Vanvasi Kalyan Ashram, Bajrang Dal etc have intensified their activities. And the Christians are helpless.

Dr. Prof Ram said that while Muslims have been on the firing line of RSS-Hindutva politics ever since even pre-partition days, the marked vicious attacks against Christians community initially came as a surprise to many. However, the ground for this was being prepared by the RSS affiliates, Swamis and godmen – Swami Aseemanand (in jail as bomb blast accused) in Dangs, Gujarat; followers of Asaram Bapu in Madhya Pradesh and Swami Laxmananand in Orissa and many of their ilk in almost every state of the country.He said that a State where the minorites are not safe, cannot be a thriving secular democracy, with tendencies to become a theocratic State or Hindu Rashtra, as is being sought to convert India into.

He pointed out that the activities of VHP-Bajrang Dal and Hindutva upstarts were intensified to frighten those Christians doing yeoman service in the field of health, education, etc.  The attacks have been preceeded by a constant propaganda that these Christian missionaries are converting by force, fraud and allurement and so are a threat to Hinduism and the nation. But, the declining percentage of Christians in India as per the census figures – 2.60 in 1972, 2.44 in 1981, 2.44 in 1991 and 2.30 in 2001 – exposes this lie. He said that The CSF Report provided the much needed well documented evidence that not only is the saffron right wing brigade live and active, but also that it is thriving with great gusto. This is a threat to India as a nation and hence the need to wake-up, before it is too late.

Dr. Prof. Ram also referred to Wadhva Commission, appointed by NDA, where its report drew attention to the fact that there was no increase in the population of Christians in the area where Pastor Graham Stains was working and that neither was he working for conversions. ” Christianity is an age-old Indian religion, when disciples of Jesus, in 52 A.D – St Thomas, established churches on southern coast and St. Bartholomew, also around the same time came to the western coast, making Indian Christians go back over 2000 years, even before it came to the west “, he concluded.

Ms. Saumya UmaMs. Saumya Uma: Kids & Women worst affected

An independent consultant on gender and human rights issues, who played an integral part in the Tribunal on Orissa Anti-Christian Violence, described the plight of women and children, which was the same irrespective where the communal attack took place.There is documentation to prove that there is at least one major attack on Christians every day, which makes it a minimum of 365 attacks, involving at least so many children, if not more. According to Saumya – The impact of communal violence on an unformed mind is indeed shattering and adverse in more than one ways. Children are often voiceless, defenseless and silent observers to the perpetration of such crimes, which affects them more psychologically, than physically. But, apart from this, other effects, include – deprivation of basic education, malnutrition even in refugee camps, fear and financial insecurity, parents fear sending children out, trafficking for child labour and abuse, separation and displacement, disease and injuries, post traumatic disorders, become revengeful and social misfits. 

Ms. Saumya Uma also pointed out that the most vulnerable section of victims, after children is that of women as noticed in studies on gender violence in the anti-Christian violence. Nuns who are known for their celibacy, and sisters, like wives or daughters of pastors or community leaders, are especially targeted. Several cases have been recorded, where apart from the sexual abuse, such as rape and molestation, the victims face problems with their reproductive organs, suffer miscarriages/abortions, have issues during giving birth to children, freedom of movement restrictions, etc.

Ms. Saumya Uma said that the victims and their families could not resume their livelihood, due to social pressure and ostracism, much time being spent due in pursuing justice, suffering psychological traumas, non availability of women doctors & medical attention, inhuman state of refugee camps… ” The women often do not complain for fear of the allegation that it was not rape, but consensual sex on a regular basis and being susceptible to human trafficking, menial jobs, etc. Often women are targeted not for sexual gratification, but to heap humiliation on the males, who are putting up a fight “, she added.

JoeJoseph Dias: Highlights of the persecution

The general secretary of The CSF, who compiled the report thanked the hundreds of activists and NGOs, who sent in reports from different parts of the country through out the year. Joseph Dias publicly acknowledged the great community service undertaken by organisations like the CBCI, NCCI, AICC, GCIC, EFI, Prashanti, MP Issai Mahasangh and office-bearers/activists of these, whom The CSF is eternally grateful. He also commended the media, including community / social networking websites, which played a major role in providing inputs for report. A detailed listing of these would be available in the complete report, expected later. Here below are some highlights

The Worst Ever Harsh Reality – 2011: A communal riot-free India will continue to remain a distant pipe dream with stiff opposition to the proposed Communal Violence bill, likely to ensure that it is not passed. Until and when that happens though, the vociferous Hindutva militants and right wing parties continue to have a field day preying on the minorities. The study of the attacks on the minorities in 2011 clearly shows the year to be one where persecution has peaked. This, despite the fact, that there has been no major pogrom, (like Orissa or Karnataka) causing massive threat to life, limb or property. The reason 2011 is the worst-ever year for Indian Christians, as the sheer number of attacks indicate, is because the persecution has become more widespread, covering almost all states of the country. A minimum of a 1000 Christian families have been affected by these attacks.

As per the reports coming in during 2011 from almost all Indian states, there is a perceptible increase in the Hindutva attacks; even in places where the Hindutva brigade (RSS, VHP, BJP, Sangh Parivar, Ram Sene and their spawns) was not traditionally strong. Of serious concern is the fact that a clear pattern is emerging, which shows that Christians are next on the Hindutva radar of terror. The pan India attacks well documented, expose a pre-meditated sinister campaign to make soft targets of this micro-minority across the country in the year to come. If one goes by the number of reports coming in, in 2012, the numbers of persecuted Christians and discriminated institutions/NGOs are bound to go up, as more incidents get recorded.

This preliminary annual persecution report 2011 wishes to highlight about 250 of the most heinous crimes of targeted violence against Christians in India. It raises relevant issues of freedom of faith and religious liberty, besides abuse of basic human and constitutional rights. The CSF would like to reiterate that these are only the serious ones, that have been brought to light and the attacks that are unreported by the media or not recorded by the authorities, could well be over three times this number. If one were to add, all major and minor persecution incidents against Indian Christians, the number could well swell to over 1000 cases mark in 2011 alone. The most recent form of persecution is Christians branded as naxalites, Maoists (in central India), like Arun Ferreira or anti-national as in the north east region – profiling or stereotyping of Christians, as all Muslims get painted as terrorists.

Forms, Extent & Nature of the Attacks

The nature of these crimes have been categorized alphabetically to reflect the nature and intensity of persecution as – (A) death and murder; (B) grievous injuries and merciless beating; (C) rape, molestation and trauma against children; (D) destruction and desecration of churches, religious articles, seminaries, cemeteries, statues, bibles, etc; (E) Christian institutions, believers’ houses, property, transportation, source of livelihood destroyed; (F)religious service or Sunday / Festival worship disrupted; (G) Christians jailed, arrested or detained by police or acted against by the authorities; (H) Clergy, Church workers or Christian laity abused, insulted, threatened or sentiments hurt; (I) Foreign missionaries deported or acted against by government and (J) other forms of persecution/attacks not mentioned above. All the above human rights violation is exclusively directed due to the opponents’ objections to the victims’ professing and practicing the Christian belief, which is a universal fundamental right.

Top 10 Persecution States

Karnataka heads the list of top 10 persecution states, being guilty of all the above heinous crimes, except no recorded murder. The dubious distinction for most Christian killings, making it second on the black list goes to Orissa, with half a dozen martyrs, who died for the faith and include pastors, a catechist, a presbyter and community leaders. The other 8 states who recorded crimes against Indian Christians, in order of intensity are – Andhra Pradesh, coming a close third, with Madhya Pradesh, Chhattisgarh, Kerala, Maharashtra, Uttar Pradesh, Tamil Nadu, Jammu and Kashmir, following it. Among the others in the notorious list of persecuting states are the national capital Delhi, Jharkhand, Uttarakhand, West Bengal, Rajasthan, Gujarat, Haryana, Himachal Pradesh and Meghalaya.

Hundreds of Christians are being persecuted under anti-conversion laws and other sections falsely foisted upon them like 295A, which indicts them for creating enmity on trumped-up charges. In as many as seven states there is legislation that curbs freedom of religion, such as Arunachal Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Madhya Pradesh, Orissa and Rajasthan.

Brutal & Inhuman Nature

Joseph Dias said that “What makes such acts of persecution and anti-Christian violence even more shocking is the fact that they are perpetrated on a micro-minority (2.3%), who commanded by their faith to turn the other cheek. The believers of no other religion would tolerate such abuse and insult. Further, the communalists are sure of no retaliation from the Indian Christians, as they are indoctrinated by the Church to suffer, forgive and love in return their persecutors. How else would one explain the silence of the lamb victims, many of whom are senior citizens, women and children, even handicapped and many times with the implicit or tacit involvement of the police, politician and administration.

He said that while all the other faith followers are free to pray and celebrate their religious festivals or observations, thousands of Indian Christians across all states cannot do so. Sunday services, prayer meetings, Good Friday, Christmas, Easter, etc. have all been occasions to provoke, threaten and attack. Another trend noticed in 2011 is that Christians are not even allowed to pray for the country on national holidays like Independence and Republic Days. While a strike by the Hindutva brigade prevented Christmas celebrations for the fourth consecutive year in Kandhamal, in Karnataka a vicious attack by religious fanatics, left dozens grievously injured on Christmas day, battling for their lives. The situation in other states were no different with reports coming in of Christians having to go underground, remain in their houses and observe religious days in an atmosphere of fear and threat.

Missionaries Deported: The year 2011 also saw a record number of missionaries and evangelists threatened to be or even deported. It took a huge public outcry for the Supreme Court to expunge its remarks on January 21 2011, seeking to almost justify the murderer Dara Singh’s motive for killing Australian missionary, Graham Staines and his two minor sons. This was followed by repeated threats to expel an 80 year-old Fr. Jim Borst, a Dutch missionary serving in Jammu & Kashmir for almost half a century, educating the locals. 

Another 63 year-old nun, Sr. Jacqueline Jean from the UK, who served lepers in Bangalore, was denied permission to stay on and continue her work, even though she came in through the Commonwealth Agreement operating at the time. American evangelist, William Lee, who had been visiting India since 1998, was deported for joining a prayer meeting in Kerala, besides being jailed and fined, for doing so.

Most countries allow freedom of worship with the clergy or believers of other faiths allowed to express their beliefs. It is for this reason that Hindu godmen like Sri Sri Ravishankar, Ramdev Baba and congregations like ISKCON and even the VHP freely operate abroad, especially in the western countries. However, in India, not only are Christian believers from abroad not allowed in many cases, but these foreigners are harassed and are under constant threat. This is a violation of under international practice, but even worse is that in India, Christians too have to take permits in many states to pray & worship.

Lokpal & FCRA:

The draconian FCRA has been used by the Union Ministry of Home Affairs, to ban or freeze the funds, without allegedly little justification. Further, in the recent Lokpal Bill, NGOs have been put under the ambit of the Lokpal, which is bound to limit social services by these NGOs, many of whom are Christian ones. According to the government, 60 NGOs were banned from receiving foreign contributions and the accounts of 20 others were frozen. The government also released details of those organisations that received more than Rs 1 crore annually in the past five years.

At present, there are 42,202 NGOs registered as receiving funds from abroad, of which at least 958 got Rs 1 crore or above last financial year. Of the NGOs receiving Rs 1 crore and above from abroad last year — a majority were Christian missionary organisations working in the rural areas of Andhra Pradesh, Orissa, Tamil Nadu, Kerala, Jharkhand, Chhattisgarh and Karnataka. World Vision of India, based at Egmore, Chennai, tops the list of 958 for 2010-11, with Rs 233.74 crore, followed by Kolkata-based Missionaries of Charity (Rs 62.29 crore) and Compassion East India (Rs 59.96 crore).

Evil Designs for 2012, as Persecution Increases

Earlier it was believed that only the Muslim minority was being targeted by the Hindutva forces. However, ground zero updates indicate that not only have attacks on Christian become a regular affair, but also that it would proportionately outnumber the attacks on Muslims, especially since there is no fear of retaliation. In 2011, the general secretary of the Vishwa Hindu Parishad (VHP), Pravin Togadia called for a new constitution allowing ‘anyone who converts Hindus to be beheaded.’ Such extremist hate speech tolerated is indicative of a growing hostility towards minorities in the country. This does not augur well for India’s international reputation, at a time when it is seeking closer ties with the developed world for its economic progress.

There are instances of over 2141 Christians affected in 2011, which does not include their family, relatives and friends, who were also victimized. The current scenario is not only unprecedented and widespread, but is also marked in terms of its severity and intensity. The recent attacks have clearly exposed the bold and blatant involvement of the State machinery abetting, if not participating in the violence. This too is expected to rise in 2012, with the alleged increasing communalization of a few in the political parties, administration, judiciary, police, etc.

Please await the next part of this report soon.

– joseph dias

‘Mangalore Club’ bars entry for Justice Saldanha

‘Mangalore Club’ bars entry for Justice Saldanha

source: The Canara Times

MANGALORE : It has come to light of late that former High Court judge Justice MF Saldanha and PUCL leader PB D’Sa have been barred from entering the premises of the prestigious Mangalore Club located at Morgansgate in the city.

The Club founded during the British times, as early as 1876 has since then been a recreation spot for the affluent section of Mangalore. Presently, the Club houses a bar,auditorium, party hall, billiards room, library, card room and swimming pool and has 500 members.

But recently, when some incidents which harmed the reputation of the club took place, Justice Saldanha had lodged a complaint.PB D’Sa was a witness to these incidents. It is now being said that it was for this reason that the two have been barred from entering the club. But the interesting fact is that neither Justice Saldanha nor D’Sa are members of this Club !

Justice Saldanha had some time back complained that “Unlicensed liquor was secured from Goa and this liquor worth lakhs was sold at the Club during the victory celebrations of a candidate in the CASK Presidential election.” PB D’Sa was a witness to the same. Though there was a probe by Excise officials later, the case was closed very soon. Later, a meeting of Mangalore Club was held on November 30, 2011 and resolved that Justice
Saldanha and P B’Sa should not be allowed entry into the club for any reason. A notice has even been put up in this regard in the Club’s Notice Board on December 2, 2011. **

RECENT ATTACKS ON CHRISTIANS AT MAINDAGURI – SURATHKAL

RECENT ATTACKS ON CHRISTIANS AT MAINDAGURI – SURATHKAL

31st December 2011

To

The Director General & Inspector General of Police

Karnataka

Nrupathunga Road

Bengaluru 560001

Sir,

SUBJECT: RECENT ATTACKS ON CHRISTIANS AT MAINDAGURI – SURATHKAL

              We refer to the deadly attack with lethal weapons on 12 Christians having Christmas dinner together on 25th night at the house of Adveppa Karishennavar at Maindaguri, Kodikere, Suratkal. A four-member team from PUCL and Karnataka Komu Souharda Vedike visited the spot and met some of the victims and the injured and heard their version of the incident. The members of team were: M/s David D’Souza, Victor D’Silva, Mohammed Kakkinje and Suresh Bhat. The team has obtained a photocopy of the FIR. Based upon its enquiries and the facts collected, the team has the following observations to make:

  • That the attackers trespassed into the house of Adveppa Karishennavar.
  • That the attackers belonged to some Hindutva organization because according to the victims, the first thing they uttered upon trespassing was “Are there any religious conversions going on here? Are there any Hindus here?”
  • That it was a purely communal act and the uttering of above-mentioned words was with deliberate intent to wound the religious feelings of the gathering.
  • That the attackers were disturbing a religious assembly.
  • That it was a deliberate and malicious act, intended to outrage religious feelings of the gathering by insulting its religion or religious beliefs.
  • That the attackers were promoting enmity between different groups on grounds of religion and committed acts prejudicial to maintenance of harmony.
  • That the attackers imputed and made assertions prejudicial to national-integration.
  • That it was a preplanned attack and a criminal conspiracy.
  • That it was an unlawful assembly for rioting armed with deadly weapons.
  • That their intention was to voluntarily cause grievous hurt by dangerous weapons.
  • That the person/persons who hired the attackers to join the unlawful assembly and commit the above offences should be caught and punished suitably.
  • That the present FIR does not reflect the above acts committed by the group of assailants.

We therefore demand that in view of the above facts, fresh cases should be booked against the attackers under appropriate sections of IPC.

It has also been disclosed by the victims that despite their immediate phone calls, the police took nearly 20 minutes to reach the place and by that time the assailants had managed to escape. But the police instead of doing their constitutional duty started asking communally loaded questions. Such as “How many lakhs of rupees did you receive for getting converted? How many other persons have got converted?”  One senior officer, on learning that Pastor Suresh was also present in the gathering, even went to the extent of remarking “Oh! Is it the same Suresh who is challenging our instructions?” In this connection we need to clarify about these so-called instructions.

Sometime in August this year Mangalore police had asked various Christian religious groups not to conduct any more prayer meetings at halls and homes. These instructions had been conveyed over the telephone to several pastors. Also many were called separately to various police stations and given these verbal instructions.Among them was Pastor Suresh had been called to the Suratkal police station. They had been told that in future, they would have to obtain written permission from the Deputy Commissioner of the district before conducting any such prayer meetings in any prayer hall or residence or community hall or hotel etc.  When they asked the reason for such an illegal and unconstitutional order, the police told them that they were under “pressure”. These were disclosed by the president of Karnataka Mission Network during a press conference held on 27.8.2011. (A reply to an RTI query admits that there are no such written instructions and no such requirement of obtaining prior permission for prayers)

The least we can say about the behavior of these policemen is that we are totally aghast. We therefore urge that they be booked under IPC sections 153A, 153B, 217, 218, 221, 225A, 295A, 296 and 298 and necessary legal action be taken against them.

Yours Faithfully

For People’s Union for Civil Liberties

(P.B D’Sa)

President

ATTACK ON HEBRON ASSEMBLY CHURCH AT HALEYANGADI

ATTACK ON HEBRON ASSEMBLY CHURCH  AT HALEYANGADI 

31st December 2011

To

Inspector General of Police

Western Range

Mangalore 575 001

Sir,

SUB: ATTACK ON HEBRON ASSEMBLY CHURCH AT HALEYANGADI

                  We refer to the deadly attack on Christians performing prayer at the Hebron Assembly Church at Haleyangadi on 28th night. They were armed with lethal weapons such as stones, brickbats and clubs. We have learnt about the above-mentioned attack by communal elements from pastor I.D.Prasanna and others and also from media reports. It is also learnt that five of the attackers have been apprehended and they have been involved in similar communal offences earlier but were out on bail. In our opinion these persons have committed the additional offence of non-compliance of bail conditions. We have obtained a photocopy of the FIR and after going through the same we have the following observations to make:

  • That the attackers tried to trespass into the prayer hall of the Hebron Assembly church but on finding the door closed they trespassed into the adjacent house of pastor I.D.Prasanna.
  • That the attackers committed criminal trespass and house trespass punishable with imprisonment after preparation for hurt, assault or wrongful restraint by night.
  • That the attacker’s intention was to cause injury, capable of causing death.
  • That the attackers had made preparations for causing death or hurt and committed mischief in the pastor’s house and outside the church.
  • That the miscreants damaged window panes and lights and a CC camera of the said church and also damaged four vehicles, a refrigerator and a microwave oven.
  • That the attackers belonged to some Hindutva organization because according to the victims, the first sentences they uttered were “you are all praying so much….Let us see how you continue to pray.” They have also abused their religion and God Jesus Christ.
  • That the attackers committed defamation by causing harm to reputation.
  • That the attackers committed criminal intimidation.
  • That the attackers intentionally insulted the gathering with intent to provoke breach of the peace.
  • That it was a purely communal act and the uttering of above-mentioned sentences was with deliberate intent to wound the religious feelings of the gathering.
  • That the attackers were disturbing a religious assembly in a place of worship.
  • That the offences were committed in a place of worship.
  • That it was a deliberate and malicious act, intended to outrage religious feelings of the gathering in a place of worship by insulting its religion or religious beliefs.
  • That the attackers by their words and deeds were promoting enmity between different groups on grounds of religion and committed acts prejudicial to maintenance of harmony in a place of worship.
  • That the attackers imputed and made assertions prejudicial to national-integration in a place of worship.
  • That it was a preplanned attack and a criminal conspiracy.
  • That it was an unlawful assembly for rioting armed with deadly weapons.
  • That their intention was to voluntarily cause grievous hurt by dangerous weapons.
  • That the person/persons who hired the attackers to join the unlawful assembly and commit the above offences should be caught and punished suitably.
  • That the person/persons who abetted the said attack must be found and punished suitably.
  • That the present FIR does not reflect the above acts committed by the group of assailants.

We therefore demand that in view of the above facts, fresh cases should be booked against the attackers under appropriate sections of IPC.

Sometime in August this year Mangalore police had asked various Christian religious groups not to conduct any more prayer meetings at halls and homes. These instructions had been conveyed over the telephone to several pastors. Also many were called separately to various police stations and given these verbal instructions. Pastor Prasanna was one among those who attended. They had been told that in future, they would have to obtain written permission from the Deputy Commissioner of the district before conducting any such prayer meetings in any prayer hall or residence or community hall or hotel etc.  When they asked the reason for such an illegal and unconstitutional order, the police told them that they were under “pressure”. These were disclosed by the president of Karnataka Mission Network during a press conference held on 27.8.2011. (A reply to an RTI query admits that there are no such written instructions and no such requirement of obtaining prior permission for prayers).

We also demand that appropriate legal action should be taken against police personnel found guilty of the above-mentioned instructions and also against those not representing the true facts of the case.

Yours Faithfully

For People’s Union for Civil Liberties

(P. B D’Sa)

President

IMPORTANT PRESS RELEASE

IMPORTANT PRESS RELEASE

Starting from October 2008, PUCL, Mangalore and Justice Michael F. Saldanha have been relentlessly demanding that the State Government should withdraw the 338 false cases instituted after the Mangalore disturbances. It is necessary to record that not one of the 2316 persons involved in these cases belonged to the rich or the powerful. What is not known is that 35% of the Accused were students who had been picked up from places other than the disturbed areas, Their careers have been ruined because of their custodial detention and the pendency of CRIMINAL CHARGES against them- they have not been allowed to appear for their exams and 38 of them were made to give up their studies- can this be undone?

65% of the Accused were persons who had been beaten up by the Police mercilessly and because of their injuries, they had been taken into custody, savagely tortured, refused bail and some of them were in custody thanks to a heartless Judiciary for as long as two or three months. The little known fact is that under the Orders of ACHARYA THEY WERE ALL TAKEN TO PRISONS IN DIFFERENT PARTS OF THE STATE WHERE TAY COULD NOT EVEN BE CONTACTED. Over 300 of them have lost their jobs because of the State action. These poor persons who were Mechanics, Carpenters, Self employed or petty businessman have suffered immensely through the period of unjustified custody and worse than that having to attend Court for three years. WHILE OUR JUDICIARY BENDS OVER BACKWARDS TO BE NICE TO THE POLITICIANS, IN NOT EVEN ONE CASE WAS A SINGLE POOR PERSON GRANTED EXEMPTION FROM ATTENDING THE COURT ON EVEN ONE DATE OF HEARING. On the contrary, when they could not remain present out of poverty and inability, over 1980 Non Bailable Warrants were mercilessly issued and it costed them huge amounts of money which they could not afford to get these warrants cancelled. In over 60 cases, their little businesses have collapsed and their families have been ruined. Will the State of Karnataka even think of compensating these victims for malicious prosecution ?

Why did it take three years and two months for the withdrawal ? Dr. V. S. Acharya, the then State Home Minister withdrew the 224 cases filed against the aggressors within the first two months and justified it on the ground that they were political workers belonging to his party and were not Criminals. He refused to withdraw the remaining 338 false cases filed against the Christians even though there is supposed to be equality before Law under the Constitution. Justice Michael F. Saldanha has examined each of these cases and has recorded in his Report that every one of these cases is false and unjustified.

At the Press Conferences held in Mangalore on 16th October 2011, and on 29th November 2011, Justice Saldanha had given an ultimatum to the State Government that if the cases are not withdrawn latest by the 5th December 2011 that he would take the matter up before the High Court. This was also conveyed to the Government through a Legal Notice and we are happy that the Government has at last responded and withdrawn the cases in question. We consider this an act of goodwill on the part of the present CM and the Government.

After the attacks in 2008, Justice Saldanha pointed out to the State Government that the failure on the part of the State Government to maintain the constitutional guarantees ensuring security of life, property and rights where the Christian minorities were concerned had resulted in injury, loss and damage. The State Government agreed to compensate the injured persons which was hardly implemented. The CM has now stated that as far as the property damage is concerned, the Government would pay the requisite compensations.

We demand that the State Government must individually evaluate the actual loss that has occurred as a result of the prosecution of the victims in these 338 cases and compensate them. This is a legal necessity and not an act of graciousness and we insist that this be done within the next 30 days.

P.B D’Sa

President

PUCL, Mangalore