New Delhi, The Supreme Court on Tuesday sought a response from the Odisha government on the plea for premature release of a "repentant" Ravindra Pal alias Dara Singh, who is serving life imprisonment for the gruesome murder of Australian missionary Graham Stuart Staines and his two sons minors. in the state's Keonjhar district in 1999.
A bench comprising Justices Hrishikesh Roy and SVN Bhatti issued notice to the Odisha government and sought its response within six weeks.
In his plea filed through advocate Vishnu Shankar Jain, Dara Singh said: "The petitioner, having spent more than 24 years incarcerated in prison, has well understood and regrets the consequences of his action taken in the attack. his youthful anger and in The present seeks the mercy of this court so that he can give back to the society through his service-oriented actions."He sought directions to the state government to consider his case for premature release in accordance with the guidelines for release premature life sentences issued in 2022 in the three cases in which he was convicted.
"The present petitioner, who is approximately 61 years of age, has already served more than the qualifying period, i.e., 14 years of sentence as stipulated in the April 19, 2022 policy, while the petitioner has served more than 24 years of real prison (without remission).
"It is noteworthy that the petitioner has never been released on parole and even when his mother died, he could not perform her last rites as he was not allowed to be released on parole," he stated. Singh said the authorities concerned have the legal obligation to consider your case for premature release as per the 'Guideline for Premature Release 2022' approved by the Government of Odisha. He claimed that they had not acted in accordance with the relevant regulations, thereby endangering their right to freedom, enshrined in Article 21 of the Constitution.
"The petitioner acknowledges and deeply regrets the transgressions perpetrated over two decades ago. In the fervor of youth, fueled by passionate reactions to India's brutal history, the petitioner's psyche momentarily lost control.
"It is imperative that the court examine not only the actions but also the underlying intention, noting that there was no personal animosity towards any victim," he said. Singh said he believes in karmic philosophy and, to cure the effects of bad karma he has obtained Through his actions, he is praying before this court for an opportunity to reform his character.
A mob led by Singh attacked Staines and his two sons, Philip, 11, and Timothy, 8, while they were sleeping in their van and then set fire to the vehicle in Manoharpur village in Keonjhar district during the middle night. on January 22 and 23, 1999.
Dara Singh, the main accused in the triple murder, was convicted and sentenced to death by a CBI court in 2003. His death sentence was commuted to life imprisonment by the Orissa High Court in 2005 and was confirmed by the Supreme Court in 2011. .
Dara Singh's accomplice Mehendra Hembram is also serving life imprisonment in the case, while 11 other accused were acquitted by the high court for lack of evidence.
Staines and his wife Gladys worked with the Mayurbhanj Evangelical Missionary organization and cared for leprosy patients. Gladys Staines, who received the Padmashree in 2005, said she had forgiven the killers of her husband and children and holds no grudge against them.
In her petition, Singh referred to the 2022 decision in former Prime Minister Rajiv Gandhi's assassination case in which the apex court ordered the release of convict AG Perarivalan, who was serving life imprisonment.
Referring to the theory of reformative justice proposed by noted jurist and former high court judge VR Krishna Iyer that "every saint has a past and every sinner has a future", Singh said the basic tenet of the reformative theory emphasizes in the renewal of the convict. and the beginning of a new life for him."The petitioner is reaching the twilight of his life but remains imprisoned, without any hope of his premature release by the state government and therefore, his right under Article 21 is being violated of the Constitution," he said.
Singh alleged that he is being discriminated against on the issue of consideration for premature release, as similarly situated people who have been imprisoned for the same period or less have been released prematurely.
"In view of the above facts and law, the petitioner in the present writ petition requests, inter alia, that his case has been qualified and has become entitled under the policy dated April 19, 2022, directions be issued necessary to the respondent authorities to consider the petitioner's case and consequent orders directing the immediate release of the petitioner," his statement read.
A bench comprising Justices Hrishikesh Roy and SVN Bhatti issued notice to the Odisha government and sought its response within six weeks.
In his plea filed through advocate Vishnu Shankar Jain, Dara Singh said: "The petitioner, having spent more than 24 years incarcerated in prison, has well understood and regrets the consequences of his action taken in the attack. his youthful anger and in The present seeks the mercy of this court so that he can give back to the society through his service-oriented actions."He sought directions to the state government to consider his case for premature release in accordance with the guidelines for release premature life sentences issued in 2022 in the three cases in which he was convicted.
"The present petitioner, who is approximately 61 years of age, has already served more than the qualifying period, i.e., 14 years of sentence as stipulated in the April 19, 2022 policy, while the petitioner has served more than 24 years of real prison (without remission).
"It is noteworthy that the petitioner has never been released on parole and even when his mother died, he could not perform her last rites as he was not allowed to be released on parole," he stated. Singh said the authorities concerned have the legal obligation to consider your case for premature release as per the 'Guideline for Premature Release 2022' approved by the Government of Odisha. He claimed that they had not acted in accordance with the relevant regulations, thereby endangering their right to freedom, enshrined in Article 21 of the Constitution.
"The petitioner acknowledges and deeply regrets the transgressions perpetrated over two decades ago. In the fervor of youth, fueled by passionate reactions to India's brutal history, the petitioner's psyche momentarily lost control.
"It is imperative that the court examine not only the actions but also the underlying intention, noting that there was no personal animosity towards any victim," he said. Singh said he believes in karmic philosophy and, to cure the effects of bad karma he has obtained Through his actions, he is praying before this court for an opportunity to reform his character.
A mob led by Singh attacked Staines and his two sons, Philip, 11, and Timothy, 8, while they were sleeping in their van and then set fire to the vehicle in Manoharpur village in Keonjhar district during the middle night. on January 22 and 23, 1999.
Dara Singh, the main accused in the triple murder, was convicted and sentenced to death by a CBI court in 2003. His death sentence was commuted to life imprisonment by the Orissa High Court in 2005 and was confirmed by the Supreme Court in 2011. .
Dara Singh's accomplice Mehendra Hembram is also serving life imprisonment in the case, while 11 other accused were acquitted by the high court for lack of evidence.
Staines and his wife Gladys worked with the Mayurbhanj Evangelical Missionary organization and cared for leprosy patients. Gladys Staines, who received the Padmashree in 2005, said she had forgiven the killers of her husband and children and holds no grudge against them.
In her petition, Singh referred to the 2022 decision in former Prime Minister Rajiv Gandhi's assassination case in which the apex court ordered the release of convict AG Perarivalan, who was serving life imprisonment.
Referring to the theory of reformative justice proposed by noted jurist and former high court judge VR Krishna Iyer that "every saint has a past and every sinner has a future", Singh said the basic tenet of the reformative theory emphasizes in the renewal of the convict. and the beginning of a new life for him."The petitioner is reaching the twilight of his life but remains imprisoned, without any hope of his premature release by the state government and therefore, his right under Article 21 is being violated of the Constitution," he said.
Singh alleged that he is being discriminated against on the issue of consideration for premature release, as similarly situated people who have been imprisoned for the same period or less have been released prematurely.
"In view of the above facts and law, the petitioner in the present writ petition requests, inter alia, that his case has been qualified and has become entitled under the policy dated April 19, 2022, directions be issued necessary to the respondent authorities to consider the petitioner's case and consequent orders directing the immediate release of the petitioner," his statement read.
