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.

Comments

 

Other News

From Shah Bano to Shayara Bano: How Rajiv’s blunder undid secularism

History could have repeated itself as a farce, but in the triple talaq case today, there has been no replay. A historic blunder has been undone, though it has taken three decades. The supreme court has once again taken a stance in favour of individual freedom and against fundamentalism &nda

Train passengers die as rail safety panel recommendations gather dust

 The derailment of Puri-Haridwar Kalinga Utkal express at Khatauli has once again raised serious questions on the railways’ safety claims. At least 21 people were killed and many were injured. The derailments over a period of a few months are giving sleepless nights to the top railway.

Political parties support triple talaq verdict

The BJP as well as the Congress welcomed the supreme court judgment that bars instant triple talaq for a period of six months and also seeks a legislation on it.   BJP chief Amit Shah said that he welcomes this on behalf of the party and added “it’s not about anyo

5 judges, 5 faiths, 1 verdict

Five judges from five different faiths deliberated upon and decided that instant triple talaq is to be struck down for a period of six months and the government should bring a legislation over it.   The supreme court bench was headed by chief justice of India J S Khehar, who

REC, PFC didn’t conduct appropriate due diligence: CAG

Rural Electrification Corporation Limited (REC) and Power Finance Corporation Limited (PFC) did not conduct appropriate due diligence during credit appraisal in power generation projects and in the process assumed higher risks on the loan accounts, noted the Comptroller and Auditor General (CAG) in a rep

Triple talaq verdict historic, says Modi

Prime minister Narendra Modi described as “historic” the supreme court judgment that struck down triple talaq for a period of six months.   “Judgment of the Hon`ble SC on Triple Talaq is historic. It grants equality to Muslim women and is a powerful measure



Video

Current Issue

Opinion

Facebook    Twitter    Google Plus    Linkedin    Subscribe Newsletter

Twitter