Will summon your officers if you don't decide on remission plea by Dara Singh: Supreme Court to Odisha

The Supreme Court on Tuesday warned that it would summon officials of the Odisha government if the State's Sentence Review Board continues to delay its decision on a remission plea filed by Dara Singh, who is serving a life sentence for the 1999 murder of Australian missionary Graham Staines and his two minor sons [Rabindra Kumar Pal @ Dara Singh v. State of Odisha].

A Bench of Justices Manoj Misra and Vijay Bishnoi was hearing Singh’s petition seeking premature release from prison.

“Take a decision; otherwise, we will summon your officers,” the Court said.

This was after Odisha government's counsel sought an adjournment of the matter today, stating that Advocate-on-Record (AoR) was suffering from a viral infection.

The Court pointed out that the case was adjourned several times earlier for the State's Sentence Review Board to make a decision, to no avail.

“You (State authority) cannot avoid taking a decision. You have to decide one way or the other. For two years, you have been delaying the decision. Accept or reject the plea, but take a decision. Inform the Court,” Justice Manoj Misra said.

Dara Singh was part of a mob that killed Graham Staines and his two minor sons in 1999. The mob had set alight a vehicle in which the Staines were taking shelter for the night. The Supreme Court judgment convicting Singh recorded that the intention of the mob "was to teach a lesson to Graham Staines about his religious activities, namely, converting poor tribals to Christianity."

Singh was initially sentenced to death by the trial court. The Orissa High Court subsequently commuted the sentence to life imprisonment, which was upheld by the Supreme Court in 2011.

Singh later sought a remission (premature release from prison). In a remission petition filed before the top court, Singh stated that he is over 60 years old and has spent more than 24 years in prison. He claimed that he regrets his actions and is now reformed.

The plea also stated that the offences were committed in his youth amid an impassioned desire to “safeguard and defend Mother India.” Singh also claimed that he had never been released on parole.

On August 19, the top court had pulled up Odisha's Sentence Review Board after being informed that it had yet to decide on Singh’s remission plea.

Today, the Court found that there has been little progress since then.

“We had specifically said that you [the State Sentence Review Board] would take a decision. Why are you necessarily seeking an adjournment? Take a decision. If you want to reject it, reject it. We will deal with it at our end. We cannot allow the matter to linger like this,” Justice Misra said.

“I have no instructions in the matter,” the State's counsel replied.

“Who will take the decision then?” the Court asked.

“The State Sentence Review Board has to take the decision. Your Lordships may list the matter on September 17. The learned Advocate General (AG) will be here,” the State's counsel replied.

“On whose behalf are you seeking an adjournment now?” the Court asked.

“On behalf of the AoR,” counsel responded.

“Alright, we are not going to adjourn this. Seek instructions and pass an order. Otherwise, we will summon your Secretary or whoever is in charge right now,” the Court said.

The Court proceeded to list the matter on September 17 and asked the respondent authorities to inform it of the decision taken on Singh's remission plea.

Singh’s petition was filed through advocate Vishnu Shankar Jain.

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