B K Somashekar Absolves Govt, BJP, Sangh Parivar; Indicts None
By Gabriel Vaz
Daijiworld Media Network - Bangalore
Bangalore, Jan 28: The one-man judicial inquiry headed by retired high court judge of Andhra Pradesh and Karnataka, Justice B K Somashekar, has finally come out with its final report on the series of Church attacks and other places of Christian worship in Mangalore, Udupi, Chikmagalur, Bangalore and several other districts in September 2008, failing to indict anybody except vaguely blaming ``misguided fundamentalis miscreants” while completely absolving the BJP government headed by Chief Minister B S Yeddyurappa, the ruling party or the Sangh Parivar.
Presenting the final report to the Chief Minister in Vidhana Soudha, unlike the controversial decision of submitting the interim report to the then Additional Chief Secretary, Home Department, Abhijit Dasgupta in Mangalore in February last year, Justice Somashekar categorically declared: "There is no basis to the apprehension of Christian petitioners that the politicians, BJP, mainstream Sangh Parivar and the State Government directly or indirectly, are involved in the attacks.”
But "the impressions and allegations that the present ruling government is showing cold shoulders to the interest of minority Christian community in Karnataka and try to suppress them for the political ends like vote-catching has no basis,” it says without explaining how it reached the conclusion. Surprisingly, another finding says: ``The impressions and allegations that some local leaders and the government did not evince any interest either by local inquiry, spot inspection or by other methods nor tried to console the victims by assuring necessary protection or remedies appear to be reasonable from the point of view of such victims but not totally justified.”
It also mentions that the attacks on churches or places of worship has deeply affected the harmony between the members of Hindu and Christian religions and created suspicion in the minds of each other. So then who carried out the attacks? Well, the Commission’s findings as revealed in the 10-page synopsis containing some 30 findings and 21 recommendations released to the media make interesting reading: "True Hindus have no role to play in any attack directly or indirectly, but the attacks are indulged in by misguided fundamentalist miscreants of defined or undefined groups or organisations against Christians and Christianity who have mistakenly presumed that they would be protected by the party in power with their policies at the relevant time.”
However, in one of the so-called findings, the retired judge takes shelter under plea made by Christian memorialists in saying rather vaguely: ``The plea of many Christian memorialists for taking action as per law against Mahendra Kumar, the then convenor of Bajarang Dal, who publicly sought to justify the attacks on churches is totally justified.” But the retired judge fails to directly say so. Incidentally, this Mahendra Kumar had recently joined JD(S).
Apart from giving a clean chit to the Yeddyurappa regime, ruling BJP and the Sangh Parivar, Justice Somashekar also gave handsome compliments to the police. ``The police action against the Christian portestors in several incidents were justified,” the commission said while confirming that the police action at St Sebastian Church, Permannur, was ``unexplainably excessive, unreasonable and is in violation of the expected norms prescribed.”
However, Justice Someshekar hastens to support the police and the district administration by unhesitatingly claiming that ``the impression and allegations that the top police officers and the district administration had colluded with the attackers in attacking the churches or places of worship has no merit.”
"The concerned police in all districts did their best and have been successful in nabbing most of such miscreants and large number of charge- sheets have been filed in various courts which have to finally adjudicate their identity and culpability,” it says.
In another para, the retired Judge says: "The failure of the district administration functionaries, including corporation, municipality, electricity board and village panchayat authorities, in protecting the rights of the religious minorities guaranteed under the Constitution and their interference in their activities by misuse of power is evident and apparent, particularly in Bellary and Gulbarga districts --- Their acts of locking the places of worship and preventing the devotees from offering prayers is unprecedented in the history of administrative process and constitutional governance.”
Significantly, the commission castigates the police in another finding. Read the entire finding reproduced here: ``It was imprudent, unreasonable and inexperienced act on the part of the police to enter into the premises of some churches in Dakshina Kannada without following legal requirements amounting to violation of religious interests and human rights protected under the Constitution of India.” But, according to the commission, the ``saving grace is that there is no evidence to conclude that it was motivated or influenced by any other force.”
"The impression created incidentally that due to the alleged excesses of the police during the lathi-charge etc in Dakshina Kannada incidents, the innocent people like children, women were also victimized unjustifiably is true in a few instances noted in the report categorically. The impressions and allegations that the government and the district administration did not treat the Christian protestors sympathetically and with compassion is justified in a few instances noted in the report categorically. The grievance that the compensation awarded in some of the districts is too meagre and scanty or inadequate and even contemptuous or nil and require enchancement is totally justified,” the commission observes in its findings without recommending any action to make amends.
While saying that the attacks against churches and places of Christian worship "are true and definite,” the commission says the ``extent and magnitude of attacks varies from very little to colossal.” Also, it says: "Not all attacks were spontaneous or accidental. Some were deliberate, well-planned communal antagonism with fundamentalism brewing since several years. The events leading to the attacks were many including local groupism, personal, competition in trade, education and political activities.”
"The allegations and impressions given to the members of the Hindu religion that Christians (by whom?) are indulging in mischievous activities by commercializing or inducements etc and by using their literature maligning the Hindu religion, Hindu ancient systems, Hindu sacred beliefs, practices and sentiments appears mostly probable and true at some locations. The allegations and the impression that some persons involved in conversions are getting funds from some sources including foreign countries and misuse it for mass conversions of innocent and helpless members of the society belonging to the weaker sections is true,” says the retired judge without explaining how he reached the conclusion or the so-called finding.
Interestingly, Somashekar holds that the suggestion of the "advocates for the government, police and Hindu memorialists that Christian places of worship should be brought under some legislation like Hindus and Muslims in the country for proper regulation and control within the meaning of Article 25 of the Constitution is well founded and accepted.” Will the BJP government, which hurriedly passed the legislation for banning cow slaughter, go ahead and implement this suggestion too remains to be seen.
Justice Somashekar, who labored for over 28 months and toured almost throughout the State and heard over 1500 petitions, contradicts himself on the issue of conversions by Christians, which was touted as one of the main reasons for the church attacks.
"The issue of conversions and circulation of derogatory literature with insulting attitude against Hindus has been the recurring impressions of large number of Hindu petitioners and is being projected as the reason for attacks,” the commission says and comes out with yet another finding: ``There appears to be no conversions at all by Roman Catholic churches or its members except for routine purposes like marriage or voluntary instances.”
Again, the commission says: ``But there are clear indications of conversions to Christianity in the districts of Bangalore, Kolar, Chikballapur, Bellary, Davangere, Chikmagalur and Udupi by few organisations and self- styled or self-appointed pastors continuing as Hindus by religion for all benefits of law by circumstances and inducements and as a commercial bargain using unaccounted local and funds of the foreign countries but necessarily by compulsion or fraud or coercion but definitely by inducements.”
Can anyone make out what the commission wants to say in this para reproduced in full? Incidentally, the 10-page synopsis is full of such gems of English prose. One wonders what the final report contains! The 10-page prepared synopsis that was released to the press while presenting the final report to the chief minister is full of vague terms and use of words like ``presumed,” ``appears,” ``probable” and ``impressions” several times as in the case of the synopsis released along with the interim report last year. Incidentally, most of the findings of the commission ``appear” to be nothing more than the retired judge’s ``impressions,” a word with which he seems to be quite fond of.
Panel Clears BJP, Hindu Groups in Karnataka Church Attacks
Bangalore, Jan 28 (DHNS): The Justice B K Somashekara Commission, appointed by the state government to investigate the church attacks of 2008, has given a 'clean chit' to the BJP, Sangha Parivar and the state government.
“There is no basis to the apprehension of petitioners that politicians, BJP, Sangha Parivar and the state government are directly or indirectly involved in the attacks”, the commission has said in its final report which was submitted to Chief Minister B S Yeddyurappa in Bangalore on Friday.
According to the report -- circulation of derogatory literature with "insulting attitude" against Hindus and issues of conversion were the main reasons behind the attacks.
The commission has stated that the impression and allegation that top police officers and the district administration had colluded with attackers in attacking the churches or places of worship had no merit.
However, the commission has noted that the government and district administration did not treat the Christian protesters sympathetically.
The commission in its 21 recommendations has suggested that the an exclusive police station with specially trained police officers for religious matters in each district should be constituted with special powers to function without the interference of the government.
The commission launched its investigation on October 2008 and held several sittings in Mangalore, Bangalore, Davanagere, and Udupi. It accepted a total of 1,500 petitions and 34 advocates representing various sections of society presented their cases before the commission.
The churches were attacked in the districts of Mangalore, Udupi, Chikamagalur, Kolar, Chikkaballapur, Bellary and Davangere during September 2008.