Supreme Court Warns Odisha Over Delay in Dara Singh’s Remission Plea Decision

The Supreme Court of India has issued a stern warning to the Odisha government, indicating that it may summon state officials if there is further delay in deciding on a remission plea filed by Dara Singh. Singh is currently serving a life sentence for the heinous 1999 murder of Australian missionary Graham Staines and his two sons. The case, formally referenced as Rabindra Kumar Pal @ Dara Singh v. State of Odisha, was heard by a bench comprising Justices Manoj Misra and Vijay Bishnoi.

During the hearing, the bench expressed its frustration over the Odisha Sentence Review Board’s procrastination in making a decision on Singh’s plea for premature release. Justice Manoj Misra emphasized the need for a resolution, stating, “Take a decision; otherwise, we will summon your officers.” This remark came after the state’s counsel requested an adjournment due to the Advocate-on-Record (AoR) suffering from a viral infection.

Justice Misra highlighted that the case had been adjourned on multiple occasions previously, with no decision forthcoming from the Sentence Review Board. He stressed, “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.”

Dara Singh was convicted of leading a mob that brutally killed Graham Staines and his children by setting their vehicle on fire while they were sleeping. The Supreme Court’s judgment noted that the mob’s intention was to “teach a lesson to Graham Staines about his religious activities, namely, converting poor tribals to Christianity.” Initially sentenced to death by the trial court, Singh’s sentence was later commuted to life imprisonment by the Orissa High Court, a decision upheld by the Supreme Court in 2011.

Singh, now over 60 years old, has been incarcerated for more than 24 years. In his remission petition, he claimed to have reformed and expressed regret for his past actions, which he attributed to youthful impetuosity and a misguided sense of nationalism. Singh also noted that he had never been granted parole.

On August 19, the Supreme Court had already admonished Odisha’s Sentence Review Board for its inaction regarding Singh’s remission plea. However, little progress has been made since then, prompting further discontent from the bench. Justice Misra reiterated, “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.”

The state’s counsel admitted having no instructions regarding the matter, prompting the Court to ask, “Who will take the decision then?” The counsel responded that the State Sentence Review Board was responsible and suggested listing the matter for September 17, when the Advocate General would be present.

The Court, unsatisfied with the vague responses, insisted on immediate action, saying, “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 matter has been scheduled for September 17, by which time the authorities are expected to inform the Court of the decision regarding Singh’s plea.