REPORT OF MEETING WITH VICTIMS OF KANDHAMAL

VIOLENCE

Date: 3rd of November, 2009,

Venue: Lohia Bhavan Bhubaneswar

Organized by: Common Concern and Orissa Manavik Adhikar Surakshya

Abhijan

In the context of regular acquittals of the persons accused of criminal involvement

during Kandhamal violence by Fast Track Courts on the ground of non-availability of
witnesses, a meeting was held at Lohia Academy, Bhbubaneswar to listen the
experiences of the victims and their witnesses seeking justice. About seventy five
persons including the victims, activists, representatives of left/democratic political
parties and civil society organizations, advocates, media persons, civil society
members, church leaders and others participated in the Meeting.

Agenda

• Sharing of experiences/concerns by victims and witnesses in and outside courts

• Sharing on challenges faced by Lawyers and organizations engaged in legal aids

• Observations/Suggestions by the Participants

Among the participants, Sri Prafulla Samantara, renowned activist and an ardent
advocate of people’s rights and movements, Sri Radhakant Sethy, former MLA and
leader of CPI-ML Liberation, Dr.John Dayal, Member of National Integration Council,
Sri Sudhir Patnaik, Editor, ‘Samadrusti’, Sri John Nayak, former DG of Police, Orissa,
Sri Prasant Paikray and Sri Ramakrishna Panda – leaders of CPI, Smt. Tapasi
Praharaj, CPI-M leader, Smt. Saila Behera, Sri Shanti Ranjan Behera – Senior Social
Activist, Ms.Lalita Missal – Woman Rights’ Activist (NAWO),Sri Hemant Nayak –
Social Activist, Sri Mahendra Parida - Social Activist and Trade Union leader, Sri
Pradip Pradhan – RTI Activist and many others shared their observations regards to
the approaches to the problems faced by the victims.

Observations

• Public Prosecutors are mostly found biased against the victims

• In comparison with the skills, influences, clouts, numbers of advocates favoring
the accused persons, the strength of advocates need to be improved

• Faulty and biased methods of police investigation, framing the charge sheets
and presentations in the Courts weaken the cases

• Absence of social and physical security of the victims and witnesses inside and
outside the Court

• The provision that in GR cases only Public Prosecutors can argue, while the
victim parties can not appoint their own advocates privately, does not help the
victims in cases where PPs are biased.

• Show of extra-favour to the accused ones by some judges harass the victims and
their counsels

• Lawyers counseling the victim parties are even persuaded not to continue their
legal assistance

• Witnesses are threatened/allured to turn hostile

• Absence of democratic and left parties in comparing to the dominance of BJP and
RSS helps the culprits and corrupts the atmosphere of the courts

Suggestions

• Appeal to transfer the cases to outside Kandhamal, preferably to

Bhubaneswar and Cuttack courts.

• Christian Lawyers’ Association, Human Rights Law Network and other groups
engaged for legal aid should work in a coordinated manner

• Assistance from senior and experienced lawyers should be taken up

• Engagement of other lawyers to assist the P.Ps\A.P.Ps in GR cases and

submission of written arguments by other lawyers

• Mobilization of activists to be present in the court will help in building

confidence among the victims and influence the PPs/APPs and judges to be
careful to some extent

• A Public Hearing/People’s Tribunal can be organized

 • Lawyers should be smart enough to intervene at the right manner at the time
of necessity

• Local people need to create their own defense mechanism

• Secular minded organizations/activists, particularly the people participating in

this program, need to evaluate the ongoing legal actions and decide upon
appropriate measures to respond to the current situation collectively.

• At the state level a joint committee involving people from various sectors
need to be formed to keep regular watch on legal matters and monitor the
actions being taken up by the organizations engaged in legal aids

• It is necessary to document the court proceedings and situation of witnesses

and victims, which can be used in future for raising the issue before higher
courts and media

• A Kandhamal level committee should be formed for monitoring justice

delivery processes and for looking after mobilizing social supports for the
victims and witnesses

• Extensive media campaign has to be taken up to expose the illegal and

biased behavior and functioning of PPs/APPs and judges.

• Referring to the deposition of Police officers before the Sarat Chandra

Mohapatra Commission, information will be collected from their respective
offices using RTI and a letter can be sent to the Governor with a copy to the
Commission can be sent mentioning the concerns and position of the civil
society

Decisions

• An adhoc state level joint solidarity committee was formed involving the
participants to coordinate

o Interaction with political parties for their support for the victims in
getting justice

o Media campaigns

o Keeping watch on legal processes

o Documentation of justice delivery processes

o Social Mobilization for backing the victims inside/outside courts

 o Facilitation of the organizations engaged in legal aids to work in a
coordinated manner

• Adv. Dibyasingh Parichha may help in identifying senior and secular minded
advocate to guide the legal processes with the assistance from some
members of the committee

Follow up

The Committee will meet on 7th Nov at 10 am at Red Cross Bhawan to detail out
and concretize follow up the action plans.

The Program was facilitated by Smt.Saila Behera with assistance from Sri
Dhirendra Panda.