New Delhi: The Supreme Court on Monday dismissed the Delhi Commission for Women's plea seeking a stay on the release of the juvenile convict in the December 16 gangrape and murder case. The juvenile convict, who was released on Sunday, is currently in the custody of a Delhi based NGO.
A vacation bench comprising Justices AK Goel and UU Lalit heard the DCW's plea. The court observed that everything has happened in accordance with the law. There is no legislative sanction to detain the juvenile in the December 16 gangrape and murder case. Three years is the maximum period for which the juvenile could be detained.
"We share your concern but under existing law, detention cannot go beyond 3 years," the Supreme Court told DCW.
The bench did not agree with the submission that the juvenile offender can be subjected to the reformation process for a further period of two years under the juvenile law.
"Will we not taking away somebody's right to life guaranteed under Article 21 of the Constitution. There is nothing in the law to provide that," the bench said when the counsel for DCW cited provisions to drive home the point that the delinquent juvenile can be allowed to go through the further reformation process.
"There was no need of argument. The apex court asked when as per rule juvenile has got three years punishment then why should he not be released," said juvenile's lawyer.
"I knew this would happen. I am not surprised with the judgement. Juvenile was just one of the convict. Case of four others is lying in Supreme Court. I appeal to bring that to conclusion," said victim's mother Asha Devi.
The juvenile convict was released on Sunday amidst a high drama in the national capital. The gangrape victim's parents and several others were detained by the police for holding protest against juvenile's release and were later released.
Jyoti Singh's parents will hold protests around 2 PM at Jantar Mantar today.
In a midnight drama on Saturday, the DCW appealed to the Supreme Court to bar juvenile's release. DCW chief Swati Maliwal reached the apex court at midnight to file a Special Leave Petition but the court had said there was no urgency for a midnight hearing and has listed the hearing for Monday.
The grounds which has been taken in the appeal against the Delhi High Court order said that no mental assessment of the state of mind of the juvenile offender has been taken into account for his release.
The High Court had on Friday refused to restrain the convict's release citing that there is no legal provision for the action.
The convict, who is now 20 years old, has been taken to an NGO from a correction home in North Delhi amid concerns that there was a threat to his life.
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