New Delhi [India], July 9 (ANI): The Supreme Court on Tuesday sought the response from the Odisha Government on Dara Singh, convicted and sentenced to life jail term in the 1999 Australian missionary death case, for premature release.
A bench of justices Justices Hrishikesh Roy and SVN Bhatti issued notice to Odisha Government on Dara Singh plea seeking premature release.
Police arrested Rabindra Kumar Pal alias Dara Singh in February 2000 in connection with the death case of Australian Missionary Graham Staines and his minor sons. Australian missionary Graham Staines and his sons were burnt to death outside a church at Manoharpur village in Keonjhar district in 1999.
Dara Singh in his plea filed by Advocate Vishnu Shankar Jain has sought to issue direction to authorities concerned to grant him premature release in accordance with Guidelines for Premature Release of Life Convicts.
Advocate Jain, in his plea, said that accused Dara Singh, 61 years, already undergone more than the qualified period i.e., 14 years of sentence as stipulated in policy dated April 19, 2022, and he has served more than 24 years of actual imprisonment (without remission).
“It is noteworthy that the petitioner has never been released on parole and even when his mother passed away, he could not perform her last rites as he was not allowed to be released on parole,” the plea said
The petitioner said that he acknowledges and deeply regrets the transgressions perpetrated more than two decades ago.
“In the fervor of youth, fueled by impassioned reactions to the brutal history of India, the petitioner’s psyche momentarily lost restraint,” the petitioner said.
“It is imperative for the Court to scrutinize not merely the actions but the underlying intent; noting that there was no personal animosity harboured towards any victim,” he added.
He further mentioned that he was overwhelmed by distress at the barbaric deeds inflicted upon, India by the Mughals and the British, found himself in a tumultuous state of mind.
“In a zealous endeavor to safeguard and defend Mother India, regrettable offenses were committed,” he said in his plea.
Urging the court for relief, he pointed out that various convicts were allowed premature release based on their good conduct.
“The basic principle of the reformative theory emphasizes on the renewal of the convict and the beginning of a new life for him. It is based on the principle of reforming the offenders through individual treatment and not looking to criminals as just inhuman-creatures,” he said and further added that he has spent over 24 years being incarcerated in the prison, has well understood and is repenting the consequences of his action taken in the fit of his youthful rage and at present seeks the mercy of the top court so that he can give back to the society.
“The Petitioner is reaching the twilight of his lifetime but remains incarcerated, without any hope of him being released prematurely, by the State Government and thus, his right under Article 21 of the Constitution is being infringed, he said.”
Further, he added that he is being discriminated as similarly situated persons who have been incarcerated for the same’ or lesser period have been released prematurely whereas the Petitioner’s case is not being considered due to which his right under Article 14 of the. The constitution is being infringed affecting his right to life under Article 21 of the Constitution. (ANI)
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