Gujarat High Court to review case against Christians
The High Court of Gujarat is expected to hear an appeal early this month seeking to overturn the murder conviction of five tribal Christians. The five, including a boy of minor age, have been sentenced to life imprisonment for killing a Hindu fundamentalist who was part of a mob that attacked a fellow Christian in Valsad district of Gujarat.
Found guilty by a sessions court on 19 June 2004, the five, Ramesh Chandubhai Varli, Harjee Chandubhai Varli, Ishwar Chandubhai Varli, Chandubhai Dharmabhai Varli and Dakalya Kalubhai Varli, appealed to the High Court on 17 August 2004 for revision of the conviction.
The case stems from a violent clash between Hindu and Christian tribal people that broke out in 2001 in the interior village of Piproli in Valsad district. During the clash, an activist of the Hindu fundamentalist group Bajrang Dal was struck on the head and died of his injuries in a local hospital three days later. Local Christians claim that repeated attacks by Hindu fundamentalists against tribal Christians triggered the clash.
Samson Christian, Secretary of the Gujarat chapter of All India Christian Council, says the trouble began when Hindu fundamentalists tried to convert a tribal Christian Ramanbhai K Gavit to Hinduism on 26 April 2001, the day his wife died of snakebite.
According to Christian, the fundamentalists attacked Ramanbhai’s house, saying, “If your Christianity is a true religion, ask your Lord Jesus Christ to bring your wife back to life at once. And if your wife doesn’t come back to life, you will have to accept the Hindu religion.” Ramanbhai was beaten severely after he protested the fundamentalists’ demand. He had to be admitted to a local hospital.
Family members of Ramanbhai were also beaten up the following day when they were on their way to take part in the burial ceremony of his wife, Christian says. “The Christians lodged a police complaint in the local Dharampur police station, but the police authorities failed to take any action.”
Christian says Ramanbhai was attacked again on the morning of 28 May 2001, this time with sharp weapons. “Ramanbhai cried for help. In response, Christians of the village, including the accused, rushed to the site and tried to save Ramanbhai,” he says, adding “Due to their intervention, members of both groups were injured and were admitted to the civil hospital in Dharampur. “While undergoing treatment, a member from the communally-based group, Gopjibhai Ramabhai Varli, died on 29 May 2001.”
The four Christians named, along with a fifth tribal Christian, were charged with his murder. Christian claims the fundamentalists, with the help of the local public prosecutor and the police department, falsely ascribed the motive of the murder to a “financial transaction.” “Communal elements presented false witnesses before the police authorities,” he says.
Rev Johnson Barnabas of Friends Missionary Prayer Band (FMPB) says, “The five accused come from a very poor economic background. Since they are in custody, their family members -- including women and children -- have been working as labourers to support themselves. Local staff of FMPB is supporting the accused for the court case with their tithes and offerings.”
Barnabas conducts FMPB ministries in Valsad and the neighbouring district of Navsaris.
“We are disturbed that although members of both the communities were injured in the clash, no action has been taken against Hindu fundamentalists, who on several occasions had attacked Christians,” Barnabas adds.
According to Barnabas, the tribal Christians are facing an uphill battle to prove their innocence. “The family members are still living in fear of further persecution, as tension can erupt again if the Hindu villagers come to know that Christians have appealed against the conviction,” he said.
Attorney TS Nanavati of the Gujarat High Court, who is defending the accused, says, “The matter should come up for hearing in the court in the first or second week of February.” “Four of the five convicted under Section 302 of the Indian Penal Code have a reasonably good chance of acquittal, but nothing can be said about the one who is convicted of hitting the murdered on his head,” Nanavati adds.