NEW DELHI: The Supreme Court on Tuesday asked the Odisha government to file its reply on the remission plea of Ravindra Pal alias Dara Singh, who is serving a life sentence for the gruesome killings of Australian missionary Graham Stuart Staines and his two minor sons in Keonjhar district in 1999.
Singh, in his application, has sought a more liberal remission policy to facilitate his premature release from prison, where he has been incarcerated for over 24 years.
A three-judge bench of the top court, led by Chief Justice D.Y. Chandrachud and Justices J.B. Pardiwala and Manoj Misra, noted that the offence was of a very serious nature. Nevertheless, the bench requested the Odisha government to respond within two weeks.
Bajrang Dal activist Dara Singh, convicted for the brutal murder of Australian Christian missionary Staines, had moved the Supreme Court in July seeking remission. He argued that since Rajiv Gandhi's assassin had been granted mercy and released, he should also be granted similar relief.
Vishnu Jain, Singh’s lawyer, cited the judgment that granted mercy to Rajiv Gandhi’s assassin, A.G. Perarivalan, who was directed to be released by the apex court in 2022. Jain requested a direction for Singh’s release on the same grounds. "I am seeking a direction to be released from jail on this ground," Jain said.
In his plea, Singh invoked the theory of reformative justice, summarised by eminent jurist and former Supreme Court Judge V.R. Krishna Iyer, stating, "Every saint has a past, every sinner has a future."
Singh claimed to have repented for his actions, attributing his past behaviour to being "overwhelmed by distress at the barbaric deeds inflicted upon India by the Mughals and the British."
Singh, in in his plea, sought remission and alleged that the state authorities had failed to address several representations sent for his remission and premature release, jeopardising his right under Article 21 of the Constitution.
Singh justified his plea for remission by noting that he has already served more than the 14-year minimum jail term stipulated in the remission policy of April 19, 2022.
"I am around 60 years of age and have never been released on parole," Singh, who hails from Auraiya District in Uttar Pradesh, stated in his plea, making a case for his release. He also mentioned that he was unable to perform his mother’s last rites before her death.
The petitioner, currently held in Keonjhar district jail, acknowledged and deeply regretted his actions committed more than two decades ago.
"In the fervor of youth, fueled by impassioned reactions to India’s brutal history, the petitioner’s psyche momentarily lost restraint. It is imperative for the court to scrutinize not merely the actions but the underlying intent, noting that there was no personal animosity toward any victim," Singh's plea said.
Singh said that his actions stemmed from a desire to protect the nation rather than from personal malice. He sought a "fair evaluation of the circumstances surrounding those tumultuous times," his plea added.
Citing various judgments involving similar circumstances and the gravity of offences, Singh noted that courts have previously granted release to life convicts on the grounds of good conduct, length of incarceration, and other factors. He urged that he too should be granted release on these grounds.