India High Court to Hear Appeals of Five Tribal Christians Sentenced to Life

This month, the High Court of Gujarat, India, is expected to hear an appeal to overturn the murder conviction of five tribal Christians who were sentenced to life imprisonment for killing a Hindu fundamentalist four years ago

By Kenneth Chan, Friday, February 04, 2005

This month, the High Court of Gujarat, India, is expected to hear an appeal to overturn the murder conviction of five tribal Christians who were sentenced to life imprisonment for killing a Hindu fundamentalist four years ago in the Valsad district of India’s Gujarat state.

“The matter should come up for hearing in the court in the first or second week of February,” said Attorney T.S. Nanavati of the Gujarat High Court, who is defending the accused.

“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 told Compass Direct.

According to Compass, the case stems from a violent clash between Hindu and Christian tribal peoples that broke out in 2001 in the interior village of Piproli in Gujarat’s Valsad district.

Samson Christian, president of the Gujarat chapter of the All India Christian Council (AICC), reported that on May 28, 2001, tribal Christian Ramanbhai K. Gavit was attacked by Hindu fundamentalists after protesting to their demands to convert to Hinduism following the death of his wife. When Rmanbhai cried for help, Christians of the village, including the five, rushed to the site and tried to save Ramanbhai, reported the AICC president.

“Due to their intervention, members of both groups were injured and were admitted to the civil hospital of Dharampur,” Christian stated.

“During the treatment, a member from the communally-based group, Gopjibhai Ramabhai Varli, expired on May 29, 2001,” Christian added. The four Christians named, along with a fifth tribal Christian, were charged with his murder.

Found guilty by a sessions court on June 19, 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 Aug. 17, 2004, for revision of the conviction.

Since the five have been in custody, their family members—including women and children—have been working as laborers to support themselves, according to the Rev. Johnson Barnabas, zonal secretary of the Christian organization Friends Missionary Prayer Band (FMPB).

“The five accused come from a very poor economic background,” Barnabas told Compass.

Although the exact date of this month’s hearings has not yet been confirmed, Nanavati informed Compass that “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.”

Meanwhile, Barnabas reports that local staff of the FMPB are supporting the accused for the court case with their tithes and offerings.