The Delhi High Court Monday reserved its judgment on a plea seeking delay in the release of the juvenile convict in the December 16, 2012 gangrape case, after the Ministry of Home Affairs (MHA) claimed that several aspects of the Delhi government’s “post release follow-up plan” were “unclear”.
The issue was heard by the bench of Chief Justice G Rohini and Justice Jayant Nath.
Additional Solicitor General (ASG) Sanjay Jain told the court that he was “not satisfied” with the report filed by the Rehabilitation Management Committee, under the Juvenile Justice (Care and Protection) Act, as the follow-up action — which required a plan spread over two to three years — was unclear.
Jain also told the bench that the juvenile’s mental health report was not available, and that there was no clarity on whether his family was ready to take responsibility after his release.
The report had suggested that since the boy had been trained in cooking and tailoring, he could be given a one-time financial assistance to start his own tailoring shop so that he could “lead a new life with a new identity”.
The ASG said the juvenile’s stay in the ‘place of safety’ could be extended till the committee modified the rehabilitation plan.
The submissions were made by the Central government in response to a PIL filed by BJP leader Subramanian Swamy to extend the incarceration of the juvenile.
In the plea, Swamy said “no provision has been made in the Act, to provide for vicious unregenerate convicted juveniles, who despite having undergone the reformation process for the maximum penalty of three years custody in a special home, continue to be a menace to the society”.
The bench initially raised the query of whether there were any grounds for intervention “at this stage”.
But it reserved its order after the ASG argued that the juvenile was scheduled to be released on December 20, and the incarceration could be extended till the rehabilitation plan was filed by the committee.