'Will Summon Secretary If No Decision Taken On Dara Singh's Remission': Supreme Court Pulls Up Odisha

Gursimran Kaur Bakshi

8 Sept 2026 4:05 PM IST

  • Will Summon Secretary If No Decision Taken On Dara Singhs Remission: Supreme Court Pulls Up Odisha
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    The Supreme Court on Tuesday pulled up the Odisha government for failing to take a decision on the premature release of Dara Singh, also known as Rabindra Kumar Pal, who is serving a life sentence for the murder of Australian missionary Graham Staines and his two minor sons.

    A Bench comprising Justice Manoj Misra and Justice Vijay Bishnoi expressed strong displeasure after the Odisha government sought a four-week adjournment, citing the illness of its Advocate-on-Record (AoR).

    The Court questioned why the matter was being delayed despite its earlier direction to the State to take a decision on Singh's remission.

    “Why are you lingering like this? Take a decision, accept or reject,” Justice Misra told the State's counsel during the hearing.

    The Bench referred to its August 19, 2026 order, in which it had noted that the State Sentence Review Board was in the process of considering the matter and had specifically directed the authorities to take a decision.

    When the counsel sought more time and said the matter could be considered on September 17, the Bench made it clear that the State could not continue seeking adjournments.

    “You can't go on like this,” Justice Bishnoi observed.

    Justice Misra pointed out that the matter had been adjourned repeatedly for nearly two years and asked who was responsible for taking the decision.

    The counsel told the Bench that he had no instructions on the issue. The Court then warned that it would summon the State Secretary if the government failed to act.

    “We are not adjourning. Seek instruction or else we will summon your Secretary,” Justice Misra said.

    The Court ultimately directed that the matter be listed on September 17 and asked the Odisha government to inform it of the decision taken in compliance with the August 19 order.

    The Bench further warned the State to take a decision or face the possibility of its officers being summoned before the Court.

    It may be recalled that on the previous hearing, the Court granted one last opportunity to the Orissa Sentence Review Board to decide on his premature release application. It orally said that on next hearing if no decision is taken, the Court will take its own decision.

    The convict Singh is seeking remission of his sentence and stated that he has served more than 25 years in prison. As per 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.

    Dara Singh was sentenced to death by the trial court in 2003. In 2005, the Orissa High Court commuted the death penalty to life imprisonment, which was confirmed by the Supreme Court in 2011. In his writ petition, Singh, represented by Advocates Hari Shankar Jain and Vishnu Shankar Jain, submitted that he committed the crime in a "fit of youthful rage" and was now repentant of his acts.

    Relying on the reformative theory of punishment, Singh pleaded that he be allowed premature release from prison, to go back to society as a reformed person. He placed reliance on the Supreme Court's 2022 judgment allowing the premature release of the convicts in the Rajiv Gandhi assassination case.

    The crime happened on 22 January 1999, at Manoharpur village in Keonjhar district, Odisha, when a mob led by Dara Singh set fire to Graham Staines's vehicle in which he and his two sons, Philip (aged 10) and Timothy (aged 6), were sleeping.

    Case Details: RABINDRA KUMAR PAL @ DARA SINGH Versus STATE OF ODISHA | Diary No. 11407-2024


    Gursimran Kaur Bakshi

    Gursimran Kaur Bakshi

    Gursimran is the Principal Correspondent with LiveLaw for the Supreme Court. She can be reached out at: simrankaurbakshi@livelaw.in

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