Delhi gangrape case: High Court refuses to stay the release of juvenile convict

The Delhi High Court on Friday refused to pass directions on the extension of stay of the juvenile convicted in the 16 December, 2012 Delhi gangrape case. The convict, now 20 years old, is expected to walk out of the reformation home on 20 December, at the end of his three-year jail term unless there is a stay from the Supreme Court. [caption id=“attachment_2550900” align=“alignleft” width=“380”] Representational image. IBNLive[/caption] Brushing aside the public outcry against his release, a high court bench of Chief Justice G Rohini and Justice Jayant Nath directed the Juvenile Justice Board to interact with the convict, his parents and concerned officials of Department of Women and Child Development regarding his “rehabilitation and social mainstreaming”. The bench said BJP leader Subramanian Swamy’s plea seeking stay on the release of juvenile convict cannot be allowed as the statutory and existing law was coming in its way. “Having regard to the fact that the maximum stay that can be directed in the Special Home under Section 15(1) of the Juvenile Justice Act is three years and that the convict would be completing the period of three years by December 20, 2015, there cannot be any direction to continue his stay in the special home beyond December 20. Hence, we decline to issue any direction as prayed by the petitioner,” the bench said while allowing the convict to walk free. The High Court said the issue of reformation of juvenile in conflict with law required deeper consideration and sought response of the Centre and Delhi government on the issue within eight weeks. “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 JJ Board, is a larger issue of public importance which requires deeper consideration…” the bench said. “Despite all our efforts for three years, our government and our courts have released a criminal. The assurance we were given was that we will get justice but that has not been delivered. We are very disappointed. “Although we haven’t seen him, not met him, but despite all our efforts, the criminal will walk free,” a dejected Asha Devi, mother of the victim, told reporters. “We are not bigger than the court…We will see what happens,” said the victim’s father. “Our fight is for the society, against all those juveniles who often commit crimes against two-year-old children,” he added. “It is a setback for the entire country,” said the lawyer for petitioner in the case. According to ANI, Delhi Commission for Women (DCW) will appeal to Chief Justice of Delhi High Court, the Supreme Court and the President against the release of the juvenile convict. The Centre on Monday had asked Delhi High Court to extend the observation home stay of the juvenile convict, saying several mandatory aspects were missing from the post-release rehabilitation plan which needed to be considered before setting him free. After hearing the brief arguments and perusing the post-release plan which was submitted by the central government, the court had reserved its verdict on BJP leader Subramanian Swamy’s PIL seeking stay on the juvenile’s release. No mention of mental health status and follow-up were among the concerns listed by Additional Solicitor General (ASG) Sanjay Jain while appearing for the Centre. He had sought an extension of the juvenile’s stay till the time all the missing aspects in the post-release plan are taken into account. Swamy had told a bench of Chief Justice G Rohini and Justice Jayant Nath that though the juvenile’s term may have ended, but the court can “circumscribe” his movements. The ASG had told the court that it has several “concerns” regarding the plan made by the management committee (MC), set up as per the Juvenile Justice (JJ) Rules. He had said the committee’s plan does not mention the mental health status of the juvenile, which is a mandatory requirement under the rules. He had also said the mental health aspect was missing from the report of the person who counselled the juvenile. Six persons, including the juvenile, had brutally assaulted and raped a 23-year-old girl in a moving bus in south Delhi on 16 December, 2012. The victim had died in a Singapore hospital on 29 December, 2012. Mukesh, Vinay, Pawan and Akshay were awarded death penalty by trial court in the gangrape and murder case which was later confirmed by Delhi High Court. Their appeals are pending before the Supreme Court. Accused Ram Singh had allegedly committed suicide in Tihar Jail on 11 March, 2013, and proceedings against him were abated following his death. (With inputs from PTI)