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The Indian Christian community is "greatly disappointed" over the May 19 Orissa high court's decision to commute the death penalty for Dara Singh, who had been sentenced for the murders of Australian missionary Graham Staines and his two sons. The court cited "tainted evidence" and also acquitted another 11 people who were accused of taking part in burning the three alive in January 1999. Seven were freed yesterday.

Graham Staines and his two sons, Phillip, 11, and Timothy, 7, were burnt to death by a mob while they were asleep inside their station wagon at Manoharpur village in Orissa, a region where Christians make up 2 percent of the population. The attacks occurred after an annual Christian gathering for fellowship and teaching. In September 2003, the trial court had sentenced Singh to death and 11 others to life imprisonment.

Although, Gladys Staines, the wife of Graham Staines, had publicly forgiven Singh, a Hindu extremist, for her husband and young children's murders, this recent judgment has come as a shock to Christians who have continued to demand justice and security.

The Christian minority, which makes up 2.4 percent of India's population according to Operation World, has lately suffered numerous attacks from Hindu radicals. Church leaders met with Indian Prime Minister Manmohan Singh and presented him an unofficial white paper recording more than 200 recent cases of violence against Christians.

Christians are upset over the state's inability to bring justice to the culprits. While Singh, the leader of the mob that murdered Staines, has become a symbol of Hindu radicals' growing intolerance toward Christians and minorities, Christians have also questioned why the other 11 convicted were set free. Still, Singh remains the focus as he has repeatedly stated his pro-Hindu fundamentalist views and is being supported by Hindu radicals.

Pran Paricha, Orissa chapter president of the All India Christian Council (AICC) told CT, "We don't see any logic in the judgment. If it is not these people who killed Staines, then the question is who killed them? Who is guilty? And why is justice not being done? It's a threatening development for the Christian minority."

"This court judgment is very frustrating for the Christian community, even though we are against capital punishment," says John Dayal, AICC secretary general and a senior Delhi church leader. "We are also disturbed at the state's response to this heinous crime."

Indian Christians are motivated by a sense of justice, rather than revenge, says Donald H. R. De Souza, a spokesman for the Catholic Bishops' Conference (CBCI) in Delhi. "Although we respect the verdict of the court, this legal decision in no way condones or lessens the gravity of the crime. We seek compassion coupled with justice. The church hopes that this life imprisonment sentence would make [Singh] accept and repent for the gravity of his crime."

However, news reports say Singh's reaction to the court decision was anything but remorse, "It is the happiest day of my life," he said. "I was doing social service, and I will continue to do that once I am acquitted." He also contemplated running for public office. His counsel promised to pursue Singh's acquittal in India's Supreme Court.

The Orissa high court noted that Singh was "not individually liable," and said the Central Bureau of Investigation (CBI), which is investigating the case, attempted to "procure tainted evidence." The court also said that it was not possible to hold the accused guilty on the basis of CBI's "speculative evidence." CBI will challenge the verdict in India's Supreme Court, and seek death penalty for Singh.

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May (Web-only) 2005, Vol. 49