Delhi gangrape juvenile not to be freed tomorrow, extension of ‘detention’ sought

Mandatory requirements are missing from the post-release rehabilitation plan of the juvenile convict

GN Bureau | December 14, 2015



The central government has sought extension of observation home stay of the juvenile convict in December 16 gangrape case.

While urging the Delhi high court to extend the convict's detention, the centre said today that several mandatory requirements are missing from the post-release rehabilitation plan of the juvenile convict.

The centre supported Subramanian Swamy's stand and said that the release of the juvenile should be stayed till the juvenile management committee considers the Intelligence Bureau report and other details.

The court has reserved its order on Swamy's plea against the juvenile's release after hearing the Centre's submission. The next hearing in the case is on December 20. Swamy 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 court had issued notice to centre in response to the petition by Swamy. The court had asked centre to file its reply in a sealed envelope about Swamy's plea that the juvenile convict in the Nirbhaya gangrape case should not be released. Swamy had said that the juvenile is an animal and should be denied freedom.

In his petition, citing IB reports, Swamy also claimed that the juvenile has been radicalised and could be a threat to the society.

"The juvenile convict should be kept with wild animals for committing such heinous crime. It is dangerous to free such people. There are certain flaws in our law. The juvenile laws are applicable only for people committing crimes like stealing food or bicycle but this law is not applicable for such kind of heinous crimes," said Swamy.

"According to the report of Indian Intelligence bureau, the juvenile accuse has turned into a jihadi. So, the court should interfere and make certain provisions in the law regarding this. The government should move court and seek to arrest the juvenile accused under national security act. I am going to court and the court will decide what needs to be done. Let us see how the court case goes," he added.

Additional Solicitor General (ASG) Sanjay Jain while appearing for the centre sought an extension of the juvenile's stay till the time all the missing aspects in the post-release plan are taken into account.

The ASG told the court that it has several "concerns" regarding the plan made by the management committee, set up as per the Juvenile Justice (JJ) Rules.

He said the committee's plan does not mention the mental health status of the juvenile, which is a mandatory requirement under the rules.

He told the bench that as per records, the juvenile is set to be released on December 20 this year and not tomorrow and sought that his stay be extended till the time the managing committee takes into account all the missing aspects in its post-release plan.

The court, thereafter, said it now shall go through the committee's plan and the IB's report, which was placed in a sealed cover, and will pass an order.

Meanwhile, amid apprehension raised by the victim's parents, the home ministry is contemplating to ask the juvenile convict to sign a legal bond affirming good behaviour after his release.

Union women and child development minister Maneka Gandhi had recently emphasised on the need to keep a close watch on the juvenile following his impending release.

The juvenile, arrested for rape and murder of the victim, was tried under the Juvenile Justice Act.

The victim, who was brutally assaulted by six persons, including the juvenile, in a moving bus in south Delhi, had succumbed to her injuries in a Singapore hospital.

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