Dec 16 gangrape: Supreme Court will hear plea against juvenile’s release today

A petition against the release of the juvenile will be heard by a vacation bench of the Supreme Court at 10.30 am Monday, according to sources in the Delhi Commission for Women (DCW).

Written by Aneesha Mathur , Aditi Vatsa | New Delhi | Updated: December 21, 2015 12:08 pm
Narbhaya's parents Badrinath Singh and Asha Devi at a programme to observe the third anniversary of Nirbhaya gang-rape case as 'Nirbhaya Chetna Divas' at Jantar Mantar in New Delhi on Wednesday. (Source: PTI) Joyti’s parents Badrinath Singh and Asha Devi at a programme to observe the third anniversary of Nirbhaya gang-rape case as ‘Nirbhaya Chetna Divas’ at Jantar Mantar in New Delhi on Wednesday. (Source: PTI)

Confirming The Sunday Express report on the release of the juvenile convicted in the December 16, 2012 gangrape case, a lawyer who represented him said the juvenile was no longer in the detention home where he spent three years and was now at an NGO-run shelter.

Advocate A P Singh told The Indian Express he had spoken to the juvenile Sunday evening. “I spoke to him around 5 pm. He is free and at the shelter home and will come out of there in a few days,” Singh said.

Watch Video: December 16 Gangrape Case: Delhi HC Refuses To Stop Juvenile’s Release

He blamed the media for “turning people against” the juvenile convict. “He was supposed to go back home but there are protests there and (television) OB vans have come. We haven’t even been able to speak to his mother,” Singh said.

A petition against the release of the juvenile will be heard by a vacation bench of the Supreme Court at 10.30 am Monday, according to sources in the Delhi Commission for Women (DCW).

There was high drama post midnight Saturday after the DCW decided to file a Special Leave Petition in the Supreme Court.

FIRST IN THE EXPRESS: Process for release begins

The decision was taken after DCW chief Swati Maliwal met Vice President Hamid Ansari to discuss the issue. According to Maliwal, Ansari assured that a proposed amendment to the juvenile justice law will be presented in Rajya Sabha in the next three days. In a tweet, she said Ansari told her nothing could be done under the existing law in the case of the December 16 case juvenile.

The DCW said it was approaching the Supreme Court against the Delhi High Court order which last Friday declined to extend the stay of the juvenile at the special home.

“The Respondent was one of the convict in the Nirbhaya Gang Rape case. At the relevant time of the offence, the said Respondent was juvenile and was ordered to be sent to a Special Home for a period of three years. The period three years expires on 20.12.2015,” the DCW petition stated.

A vacation bench, comprising Justices A K Goel and U U Lalit, will take up the plea Monday after the matter was referred to it by Chief Justice of India TS Thakur.

On Sunday, Maliwal wrote to Murari Prasad Singh, Principal Magistrate of Juvenile Justice Board II: “This is to bring to your kind notice that the Delhi Commission for Women has moved a Special Leave Petition (SLP) in the Hon’ble Supreme Court last night challenging the imminent release of the juvenile boy in the Nirbhaya gang rape case. The matter has been listed in the Hon’ble Supreme Court for tomorrow and is thus sub-judice. In light of the above, I request you to kindly not precipitate the matter until the same is heard by the Hon’ble Supreme Court tomorrow.”

She also took to Twitter: “Just wrote to Juvenile Justice Board that SC is hearing matter tomorrow, case is subjudice, requesting that juvenile should not be released.”

“People of this country don’t want Nirbhaya’s rapist to walk free. India Gate protest shows that. Have a lot of hope from SC tomorrow,” Maliwal tweeted.

The DCW petition stated that the release of the juvenile be put on hold “unless the effect of the social reformation aspects have been assessed”. It referred to newspaper reports that the juvenile was “completely unremorseful and has been further radicalised by association with other juvenile in conflict with the law in Special Home”.

Claiming that there is “serious apprehension considering the heinous nature of the crime committed” by the juvenile as well as his behaviour and attitude in the special home, the DCW raised concerns about his possible “criminal/perverse bent of mind which pose a serious threat to women at particular and society at large”.

The DCW also called for a committee consisting of the DCW and the Delhi State Legal Services Authority to visit the juvenile at “the observation home and access the current mental state of the boy (Respondent)”.

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  1. J
    Japjeet Duggal
    Dec 21, 2015 at 2:55 am
    In ome month, this is a second blow to our judicial system. When are we going to wake up and amend our laws. Why can we not have a law where a person, juvenile or not, is treated with the same lay if he/she commits a henious crime. For the crime this "young boy" commited, henious is an understatement. Dear Mr President, Vice President, Prime minster and all others... WAKE UP FROM YOUR SLUMBER! Stop fighting and yeild results. Results which are necessary. It's a humble request from a woman of this nation who wants to feel safe when she is out of her house trying to make a life of her own!
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      Chetna narula
      Dec 21, 2015 at 9:05 am
      Let guilt kill him , not the law No matter realsing him was wrong but if we see the other aspect police did their job so did the law. Let him roam free let him face the world let him face the criticism let him see that no one wants him to live let him see that their is no acceptance for him and then the guilt inside him will kill him . If he would have got capital punishment or even life imprisonment that would have such a comfort for him because he wouldn't feel guilty for his deed and would be in a safer place but now by roaming free he will face cristism of the people for doing such a heinous crime and brutally killing nations daughter .
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        A.Bhatia
        Dec 21, 2015 at 12:37 am
        We are yet to hear a single view which is against the ping the bill. Everyone is for ping the bill. Why then we are not publishing the names of MPs, and the reasons, due to which, the bill so far could not be ped? Which rule/law stops us to do so? Because of few MPs, the w country can not be put to face shame. Shall we learn some hard lesson now? Shall we wake up and correct the ber we have made by not doing any thing in 3 years to keep the criminal behind the bars till life? We must take some decision immediately, keeping the nation wide protests in view failing which, It may turn out into a big revolution.
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        1. Amrit Rao
          Dec 21, 2015 at 1:30 am
          The mob lynching must stop. Police arrested the accused. The court convicted. The convict was in jail. The term is over. No law under the sun in any country allows retrial on the same charge for which someone has already been convicted. They frenzy TV is creating is reprehensible. The convict has rights. His consutional rights must be protected. The consution must e upheld no one should be allowed to undermine the consution.
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          1. B
            Bakil
            Dec 21, 2015 at 4:31 am
            Why the name and ideny of this beast is not being revealed, he is now an adult. He should not be allowed to be free. A rapist is by all means adult and especially some one who can rape a women twice within 15 minutes and insert rod in her private part which ultimately lead to the death of Nirbhaya.
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