Orissa riots: SC says it won`t allow persecution of minorities

New Delhi, Jan 5 (PTI) The Supreme Court of India Monday
said it would not allow "persecution" of minorities and asked
the government of the eastern state of Orissa to resign if it
was unable to protect Christians who were targeted in recent
riots that followed the assassination of a Vishwa Hindu
Parishad (VHP) leader.

"We are secular country. We cannot allow persecution
of minorities," a Bench headed by Chief Justice K G
Balakrishnan said.

The Bench, which also comprised Justices Markandey Katju
and P Sathasivam, criticised the state government for
allegedly stepping in late to check the violence against the
minority community after the killing of VHP leader Swami
Laxmanananda Saraswati on August 23, 2007.

"It is the duty of the state government to protect the
minority community. You (State) have done only after 50,000
people of the minority community fled to the jungles," the
Bench said when senior advocate K K Venugopal said that the
Orissa government has complied with the orders of this court.

"We will not accept the persecution of minority. If
the state government is unable to protect them it should
resign," Justice Katju observed and added "we have to protect
the minority".

"No minority community should be insecure in the
country," he said.

The apex court, which in October last, had directed the
stationing of para-military forces in the riot-hit areas till
December-end in view of Christmas, asked the Orissa government
not to take any unilateral decision on its withdrawal.

The Bench said any decision on withdrawal of central
forces should take place in coordination with the Centre.

The court order followed the Centre's objection to the
submission of the state government in which it talked about
out the idea of withdrawing the central forces in phased
manner from February onwards in view of the coming general
elections.

The Bench, which was hearing a petition filed by the
Archbishop of Cuttack Raphael Cheenath related to violence in
Kandhamal district and other areas of the state, was told by
his counsel Colin Gonsalves that there has been a "deceptive"
calm in the area after the deployment of the central forces.

He expressed dissatisfaction over the compensation
announced by the state government for repairing the damaged
churches.

Gonsalves said that the compensation given to churches
damaged during riots was meagre as it was providing only Rs
50,000 for the places of worship which were damaged totally in
the fire.

He said where the estimate for repair was Rs 5 to 6 lakh,
the state was providing only Rs 50,000 and in some cases no
compensation was being considered.

Replying to the submission on compensation, Venugopal
said in cases where there is a dispute over land, the
compensation has been kept on hold.

He said there have been cases where there were issues
relating to encroachment of land, including that of forests
and state government.

The compensation could be considered for the structure
which are on the land other than the forest and government
lands, Venugopal said.

Taking the affidavit of Orissa government on record,
the Bench posted the matter after six weeks asking the parties
to file their response.

Gonsalves told the Bench that the nun, who was
allegedly raped during the anti-Christian violence in the
state, would participate in the test identification parade
today in a Cuttack court.

The apex court on October 22 last had rejected a plea for
CBI probe into the incident and had asked the victim to
cooperate with state police over the investigation into the
matter. PTI