New Delhi: The Supreme Court has once again come down heavily on the Odisha government over the delay in deciding the remission plea of Graham Staines murder convict Dara Singh and cautioned that it would summon state officials if the Sentence Review Board failed to take a decision within 10 days.
During hearing on Tuesday, a two-judge Bench of Justices Manoj Misra and Vijay Bishnoi said the state government cannot keep the matter lingering like this. “You have to take a decision, either yes or no,” the bench said, directing the state to take a decision before the next hearing on September 17.
Granting one last opportunity to the Odisha Sentence Review Board to decide on Singh’s premature release, the court expressed displeasure over the board’s inaction despite multiple orders directing the government and authorities to take a decision on the matter.
“Whatever decision you want to take, take it. Otherwise, we will take our own,” the bench told the state. The apex court also observed that the delay in deciding the remission plea was unacceptable.
The Bench further warned the State to take a decision or face the possibility of its officers being summoned before the Court, LiveLaw reported.
Notably, the Odisha government had submitted that the Directorate of Prisons was awaiting a report from Kendujhar district jail, where Singh is currently lodged, as well as antecedent verification from Uttar Pradesh.
The court, however, said the remission plea had to be decided by the Sentence Review Board and not the jail authorities, observing that the delay affected the rights of a prisoner.
Earlier on August 19, the court had observed, “If you (Odisha govt) don’t decide, we will,” while criticising the Odisha Sentence Review Board for failing to take a decision on Singh’s premature release.
In his plea, Dara Singh, alias Rabindra Kumar Pal, sought remission of his sentence and has stated that he has spent more than 25 years in prison.
Under the state’s remission policy, remission can be considered for convicts whose death sentence has been commuted to life imprisonment after completion of 25 years of incarceration.
Last year, the Supreme Court had directed the Odisha government to consider and decide Singh’s remission plea within six weeks. However, no decision was taken, prompting the apex court to come down heavily on the state.
In his application before the Supreme Court, Singh sought the benefit of a more liberal remission policy to secure his premature release after spending more than 24 years and 11 months in prison.
Singh said he was seeking mercy from the top court and assured it that he would “give back to the society” through “service-oriented actions”. He sought a direction to the Odisha government to release him from prison in accordance with the guidelines for the premature release of life convicts issued in 2022 in the three cases in which he was convicted.
Through his lawyer, Vishnu Jain, Singh also sought to implead the CBI as a party/respondent in the case, stating that it was the investigating agency in the murder case.
The Bajrang Dal activist, who is serving a life sentence for the murder of Australian Christian missionary Graham Staines and his two minor sons, had moved the Supreme Court in July last year seeking remission.