Delhi gangrape case: DCW moves SC in a last ditch attempt to stall juvenile's release

The Delhi Commission for Women (DCW) late Saturday night made a last-ditch attempt to stall the scheduled release of the juvenile convict in the December 16 gangrape case Sunday by setting in motion the process to seek the intervention of the Supreme Court. The Supreme Court has agreed to hear the DCW plea against the release of the juvenile convict in the 2012 Delhi gang-rape case on Monday. However, the court hasn’t put a stay on juvenile’s scheduled release from his reform home today at 5 pm.

The lawyers for DCW said that a decision has been taken to challenge the order of the Delhi High Court which refused to restrain the release of the convict.

SC accepted r petition. Matter listed on Monday as Item No 3. Case subjudice now. Nirbhaya rapist should not be released until case heard.

— Swati Maliwal (@SwatiJaiHind) December 19, 2015

Wrote letters, ws waitin for meet with Vice President. Once that didn't lead to any decision on Nirbhaya rapist, filed case in SC.

— Swati Maliwal (@SwatiJaiHind) December 19, 2015

The HC had yesterday refused to restrain the convict’s release citing that there is no legal provision for the action.

Swati Maliwal, the chief of the women’s panel, also met Chief Justice TS Thakur. The petition was reviewed by a two-member vacation bench of Justice AK Goel and Justice UU Lalit who scheduled the hearing for December 21

“DCW filing Special Leave Petition in SC tonight. Will go to Judge’s house, wil try get hearing tonight against Nirbhayas convict release,” Maliwal tweeted.

Maliwal reached the Chief Justice of India’s residence around midnight and later arrived at the Registrar’s office in the apex court premises.

A day before his scheduled release, the juvenile convict was moved out of Delhi today even as distraught parents of the victim were detained today after they held a protest against allowing him to walk free.

The youngest of the six men, now 20, who gang-raped and tortured Jyoti Singh, was shifted from the reform home in the national capital earlier today to an ‘undisclosed location’ due to security concerns, sources said.

The parents of 23-year-old Jyoti Singh, Asha Devi and Badrinath, were removed from outside the reform home in Delhi on Sunday where they were protesting against the release. They were taken to the Maurice Nagar police station and let go after about an hour.

Jyoti came to be known as Nirbhaya or fearless as she battled for life in hospital. She died 13 days after the night of 16 December, 2012.

Of the six men convicted, one died in jail, four have been sentenced to death. The youngest was many months short of 18, the age at which a person can be tried as an adult, and he was sent to a remand home for three years.

He is likely to be monitored by the Juvenile Justice Board, which will decide on his rehabilitation, “social mainstreaming”, and even whether he should be returned to his family. The post-care policy has to be formulated by the Juvenile Justice Board and the Delhi Government in consultation with the convict and his family, reports NDTV.

Jyoti’s parents have spent the last three years demanding that the juvenile not be released. After the high court’s ruling on December 18, Asha Devi said, “A criminal who committed a heinous crime has been let off by the Court and the Government. The assurance that we were given that we will get justice has not happened.”

The parents of the gangrape victim, along with 40 Delhi University and Jawaharlal Nehru University students, were detained by the police as they staged a protest against the release of the juvenile convict.

“I am shocked to learn that Nirbhaya’s parents have been detained. They shud immediately be released. Police action against Nirbhaya’s parents is unacceptable. I have asked Chief Secretary to talk to Police Commissioner and get them released,” Arvind Kejriwal tweeted.

Police action against Nirbhaya's parents is unacceptable. I have asked Chief Secy to talk to Police commissioner and get them released

— Arvind Kejriwal (@ArvindKejriwal) December 19, 2015

Jyoti Singh’s father said that they had gathered for a peaceful demonstration near the correction home in Majnu Ka Tila against the release of the juvenile convict but the police detained them.

“Is there no justice in this country?,” the distraught father of the victim said.

“Prime Minister travels the world over, but there is no law for women here. Everyone promises change but nothing has been done,” the victim’s mother said.

The convict was moved out a day after the High Court refused to stay his release.

The convict is likely to walk free from the undisclosed location tomorrow, in adherence to the existing legal provision, the sources added.

Delhi government has said it had submitted a rehabilitation plan for the juvenile convict.

The government said that as per the plan, a one-time financial grant of Rs 10,000 will be given to the youth and a sewing machine will be arranged for him so that he can rent a tailor shop.

The convict along with five others had gangraped and murdered the 23-year-old paramedical student in a moving bus on December 16, 2012, an incident that shook the nation and led to protests in the country.

He was sentenced to three years in a reform home ‘Place of Safety’ in north Delhi’s Magazine Road by Juvenile Justice Board, a punishment which drew criticism from several quarters saying it was not adequate and was disproportionate in view of the brutal crime he had committed.

There were also demands that he be tried in an adult court.

With PTI inputs