Why the Supreme Court asked Odisha to decide Dara Singh's release plea

While upholding the life sentence, the Supreme Court said that violence against people because of their religion or caste strikes at the foundations of India's secular and constitutional order and is bound to have a dangerous effect on society at large.
In 1999, missionary Graham Staines was burnt to death by a Bajrang Dal member along with his two sons
In 1999, missionary Graham Staines was burnt to death by a Bajrang Dal member along with his two sons Photo/ X (erstwhile Twitter)
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The Supreme Court has asked the Odisha government to decide whether Rabindra Kumar Pal, also known as Dara Singh, who is serving a life sentence for the 1999 murder of Australian missionary Graham Staines and his two sons, should be granted remission. The Court has not ordered his release but has directed the State to take a final decision on his remission plea before the next hearing. Here's a look at the case and how it unfolded.

 Who is Dara Singh?

Dara Singh, whose real name is Rabindra Kumar Pal, is the main convict in the 1999 killing of Australian missionary Graham Staines and his sons, Philip (10) and Timothy (6). He has been in prison since his arrest in January 2000.

What happened in the Graham Staines case?

On the night of January 22-23, 1999, Graham Staines and his two sons were sleeping in a station wagon after attending a camp in Manoharpur village in Odisha's Keonjhar district. A mob allegedly led by Dara Singh surrounded the vehicle, stopped the family from escaping and set it on fire. All three were burnt alive.

Who was Graham Staines?

Born in Queensland, Australia, in 1941, Graham Staines came to India in 1965 as a missionary. For more than 30 years, he worked mainly with leprosy patients in Odisha, particulary in Mayurbhanj district.He married Gladys Staines in 1983. The couple had three children,  daughter Esther and sons Philip and Timothy.

What did the investigation find?

It was alleged that the attack was driven by accusations that Graham Staines was carrying out religious conversions. However, the Justice D.P. Wadhwa Commission, which investigated the incident, found no conclusive evidence of forced conversions by Staines. It said communal tensions formed the background to the attack.

How did the case progress?

In 2003, the trial court convicted 14 accused. Dara Singh was awarded the death penalty, while the others received life imprisonment.

In 2005, the Orissa High Court commuted Dara Singh's death sentence to life imprisonment, upheld the conviction of co-accused Mahendra Hembram and acquitted the remaining 12 accused.

In 2011, the Supreme Court upheld the life sentence and refused to restore the death penalty, holding that the case did not fall within the "rarest of rare" category.

What did the Supreme Court say in its 2011 judgment?

While upholding the life sentence, the Supreme Court said that violence against people because of their religion or caste strikes at the foundations of India's secular and constitutional order and is bound to have a dangerous and reactive effect on society at large. It stressed that every person has the right to follow and practice their religion, and that the State must treat all religions equally with respect.

How did Graham Staines’ partner react to the killing?

After the killings, his wife, Gladys Staines, remained in Odisha for several years and continued the humanitarian work started by her husband. She publicly forgave the killers of her husband and two young sons.

 What happened to Dara Singh's co-convict?

Co-convict Mahendra Hembram, whose life sentence was upheld by the Supreme Court, was granted premature release in April 2025 after being found eligible under the applicable remission rules. His release has brought renewed attention to Dara Singh's plea for remission.

Why has Dara Singh approached the Supreme Court?

In July 2024, Dara Singh approached the Supreme Court seeking premature release after spending more than 25 years in prison. He argued that he was entitled to the benefit of a more liberal remission policy and that the Odisha government had failed to decide several representations seeking remission, affecting his rights under Article 21 of the Constitution.

He also argued that he had already completed well beyond the minimum qualifying period of 14 years under Odisha's remission policy dated April 19, 2022. In support of his plea, he cited the Supreme Court's 2022 decision ordering the release of A.G. Perarivalan in the Rajiv Gandhi assassination case.

What did Dara Singh say about his crime?

In his application, Dara Singh said he had repented his actions and expressed remorse for the offence.

His plea read, “The petitioner acknowledges and deeply regrets the transgressions committed more than two decades ago. In the fervour of youth, fuelled by impassioned reactions to the brutal history of India, the petitioner's psyche momentarily lost restraint and it is imperative for the court to scrutinise not merely the actions but the underlying intent, noting that there was no personal animosity harboured towards any victim.”

What directions has the Supreme Court issued?

On March 19, 2025, the Supreme Court directed the Odisha government to consider and decide Dara Singh's plea for remission within six weeks. At the latest hearing, the Court expressed hope that the State would take a final decision before the next hearing on August 19.

What does remission mean?

Remission is the reduction of the period a convict has to remain in prison. It does not cancel the conviction. A life convict may be considered for premature release if he meets the conditions laid down under the applicable remission policy. Such release is not automatic and depends on the State government's decision.

What has the Supreme Court said now?

The Supreme Court has not directed his release. It has only expressed hope that the Odisha government's State Sentence Review Board process will be completed and that the State will take a final decision before the next hearing on August 19.

What happens next?

The Odisha government will consider the recommendations of the State Sentence Review Board. Sources said the Board, at its July 6 meeting, examined the cases of 56 life convicts and forwarded its recommendations to the state government for approval.

The government has sought a short adjournment, stating that the board had called for certain records that were not yet available. The development has raised the possibility of Dara Singh being released after spending more than 26 years in prison. If remission is denied, he will continue serving his life sentence.

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