December 16 gangrape 'juvenile' to be released: HC

| Friday, December 18, 2015 - 17:58
First Published |
Father of the victim

New Delhi: The Delhi High Court on Friday said the December 16, 2012, Delhi gang-rape ‘juvenile’ convict's stay can't be extended in an observation home.

A division bench of Chief Justice G Rohini and Justice Jayant Nath said the convict, who was found to be a juvenile at the time of the crime, cannot be kept at the observation home beyond December 20, the date he was set to be released.

"There can't be any direction to extend the stay beyond December 20," said the bench.

The bench also directed that the Juvenile Justice Board (JJB) shall interact with the juvenile, his parents/guardians as well as the concerned officials of the department of women and child development of the Delhi government regarding his "post-release rehabilitation and social mainstreaming".

"Since we are of the view that the legal issue raised in the main writ petition, i.e., the need for ascertaining the factum of reformation of the juveniles in conflict with law before they are released from the Special Home on expiry of the period of stay ordered by the Juvenile Justice Board, is a larger issue of public importance which requires deeper consideration," said the court.

It asked the government to file response on the issue within eight weeks.

The court also impleaded the department of women and child development as party in the case and issued notice, while posting the matter for March 28, 2016.

The court's order came on Bharatiya Janata Party leader Subramanian Swamy's plea against the release of the ‘unreformed’ juvenile convict.

The central government had told the court that the juvenile's stay in an observation home should be extended till all aspects including mental health and post-release rehabilitation plans are considered by the authorities.

The juvenile, who was under 18 when arrested for the brutal rape and murder of a para-medical student on December 16, 2012, was tried under the Juvenile Justice Act. He was ordered to be kept in a remand home for three years.

The court had earlier sought Intelligence Bureau (IB) report about him having been radicalised, in a sealed cover. The IB had raised suspicion of the juvenile being radicalised after being shifted with a juvenile apprehended in connection with the Delhi High Court blast case.

Swamy in his plea asked the court to pass order that "such unreformed juvenile should not be released until it is demonstrably assured that he has reformed, ceased to be radicalised and is not a menace to the society".

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Nrbhaya: Penalising the legislature

The legilators shoud hang their head in shame. They are collectively responible to legislate as per the will of the people...which they have failed in Nirbhaya case..please start a campaign to recall these incompetent representatives and to penalize them by stopping their pay and perks till they start workng efficently....let us see what people have to say...also run a campaign for direct legislation by people w/o the is technologically feaible now for anyone to propose a bill and should it gain enough support to put it to vote directly by the people....our representatives are dishonest and obsessed with struggle for power hence they cannot work effectively as per our needs and mandate

Juvenile at large- miscarriage of justice about to take place

If the juvenile in Nirbhaya case is freed it will be the grossest miscarriage of justice in the absence of top lawyers not contributing their learned counsel in this case. It is not this particular case alone, but the whole jurisprudence about juvenile justice. Our JJ Act is simply a copy of the foreign Act, ideas/objects/aims because of bestiality/heinous nature of the crime committed by them before celebrating their 18th birthday. Just look up the website for details included. But it has remained stationary whereas others have evolved because of judicial pronouncements where juvenile criminals have been awarded death penalty or life imprisonment even though there is no such provision in the law because of bestiality/heinous nature of the crime committed by them before celebrating their 18th birthday. Just look up the website of the US Department of Justice for details. Our SC can be approached as it enjoys powers to deal with situations where appropriate legislation is not available e.g. PIL and Lokayuta of UP case. Besides the SC/HC exercise immence powers for delivering justice under their Writ jurisdiction. There is still time to make out a case and present it properly to the supreme court in the interest of safety of girls in society, especially school/college girls.

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