Church Attacks: Analysis of Final Report of Enquiry Commission
By M P Noronha, Advocate for Christian Memorialist
Mangalore, January 30: As per the Supreme Court ruling the report of the enquiry commission is only of recommendary nature and it is not binding either on the Government or on the parties to the enquiry commission. Hence findings of the Commission cannot be treated as a court judgement.
When the Commission was constituted to go into a matter of public importance, the key question on the minds of the public was the answer to the question of why the attacks happened, who was behind it, as well as the question of the responsibility of the state government for the attacks.
It is deeply disappointing that a Commission, after working for two years, has no strong conclusions on these points.
On the fundamental question of who was behind the attacks, the Commission finds that , “there is no basis to the apprehension of Christian Petitioners that the politicians, BJP, mainstream Sangh Parivar and State Govt., directly or indirectly, are involved in the attacks.” However, later on the report observes, “the plea of many Christian memorialists for taking action as per law against Mr. Mahendra Kumar, the then Convenor of Bajrangdal who publicly sought to justify the attacks on Churches is totally justified.” The report then goes on to note, “the plea that the organizations like Bajrang Dal needs identification and registration for legal control deserves acceptance”.
One is unable to reconcile the categorical finding of the lack of involvement of 'mainstream Sangh Parivar' in the attacks with the finding of the responsibility of both Bajrang Dal and Mahendra Kumar. One is only forced to conclude that Bajrang Dal is not 'mainstream Sangh Parivar' contrary to the assertions of the leaders of the RSS themselves. Further, it seems from the conclusions of the Commission that Mahendra Kumar was behind the attacks as a convenor of the Bajrang Dal, but the Bajrang Dal itself is not a mainstream Sangh Parivar. This willful neglect of existing facts about the Sangh Parivar and the linkages between the Bajrang Dal, VHP, and RSS, so ably pointed out by the Liberhan Commission undermines the credibility of the entire report.
On the question of state responsibility, once again, the report concludes that, “the impression and allegation that the top police officers and the district administration had colluded with attackers in attacking the church or places of worship had no merit.” The report also, in the face of all evidence before it, shockingly concludes that , “the police action against the Christian protestors in several incidents were justified except at St Sebastian Church, Permannur unexplainably excessive and unreasonable and is in violation of the expected norms prescribed. But the same cannot be generalised for all police actions at different locations.” However, in the very next paragraph the report states, “it was imprudent, unreasonable, and an 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.” The report also states, “the impression created incidentally that due to the alleged excesses of the police during the lathi charge etc in Dakhina Kannada incidents the innocent people like children, women were also victimised unjustifiably is true.”
The Commissioner has erroneously recommended and stated that the Christian place of worship should be brought under regulation and control of Government. This is unwarranted and beyond point of reference of enquiry commission. The enquiry Commission has come to the conclusion that there are no conversions at all by Roman Catholics Churches or its members except for routine purpose like marriage or voluntary instances. In spite of the same, Commission has not recommended any disciplinary action to the government against those who have attacked Catholic churches and its institutions. Though the enquiry commission has come to the conclusion that the police action is unexplainable, excessive, and unreasonable, and is in violation of the expected norms prescribed at St Sebastian Church, Permannur, and after having come to the conclusion that during the lathi charge in Dakshina Kannada incidents innocent people like children and women were victimized unjustifiably has failed to suggest disciplinary action against the erring officials. The enquiry commission, having come to the conclusion that the government and the district administration did not treat the Christian protestors sympathetically and with compassion, has erred in observing that allegation of the Christian community that the present ruling government is showing a cold shoulder to the interests of the minority Christian community in Karnataka, has no basis.
The above points touched upon by the report indicate that the report does not satisfy the requirements of the terms of reference namely:
(i)To inquire into the sequence of events and circumstances leading to attack on the places of worship and incidents thereafter which occurred during the month of September 2008 in Dakshina Kannada and in other districts of Karnataka
(ii)To identify persons and organizations responsible for the above incidents
(iii)To ascertain whether there was any negligence or lapses on the part of district administration in dealing with the situation
As such, the report has failed to establish the ‘whole truth' with respect to the church attacks and uncovering the role of the miscreants in spite of ample evidence before it.