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Court: keep Central forces in Kandhamal till elections

J. Venkatesan

Orissa must coordinate deployment with Union Home Ministry

“If your government is unable to protect Christians, you better resign,” says Katju
The Centre has to ensure that minorities
are safe

New Delhi: The Supreme Court on Monday asked the Orissa government to coordinate with the Union Home Ministry deployment of Central paramilitary forces in the Kandhamal area till the general elections to be held in a couple of months.

A Bench, consisting of Chief Justice K.G. Balakrishnan and Justices Markandey Katju and P. Sathasivam, passed this order after senior counsel for Orissa K.K. Venugopal said the Centre planned to withdraw the forces by January 15.

The Bench said the Centre should take an appropriate decision having regard to the law and order situation in the State. It also asked the Orissa government to pass orders on payment of compensation for churches damaged in violence. It posted the case, filed by Archbishop of Cuttack Raphael Cheenath, for further hearing after six weeks.

Earlier, Justice Katju told Mr. Venugopal: “You [State] had failed in your duty to protect minorities.” When counsel maintained that necessary action was taken, he said, “You had done it much later after 50,000 Christians fled to the jungles. You can’t run your government like this. We can’t tolerate persecution of minorities. If your government is unable to protect Christians, you better resign. We are a secular country and no minority should feel insecure in our country.”

When Additional Solicitor-General Gopal Subramanian said the Central forces would be withdrawn in a phased manner only if necessary, Justice Katju told him: “You [the Centre] have a responsibility to protect the minorities. You have to ensure that they are safe.”

During the hearing on October 22 last, the court directed that paramilitary forces be stationed in the riot-hit areas till December-end in view of Christmas, and that a generous view be taken on payment of compensation for churches and other institutions damaged in the riots.

On Monday, when the matter was taken up, senior counsel Colin Gonsalves, appearing for the petitioner, said there was a deceptive calm in the area after the deployment of the Central forces.

Though about 150 churches and institutions were damaged, the State was offering only about Rs. 40 lakh as against the demand for Rs. 3 crore. The estimate for repairs was Rs. 5 lakh to 6 lakh but the State was providing only Rs. 50,000 and in some cases no compensation was being considered.

Mr. Venugopal said in cases where there was a dispute over land — whether the structure was an encroachment or it came up on forest land — compensation was kept on hold.

Payment could be considered only if the structure had come up on land other than forest and government land.

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