Extension of Juvenile’s Stay Needs Legislative Sanction: SC

“We share your concern, but we can’t curtail his liberty without sanction of law.” SC while dismissing DCW’s plea.

The Supreme Court on Monday dismissed a petition filed by Delhi Commission for Women (DCW) chief against Nirbhaya juvenile convict’s release. (Photo: Reuters)

The Supreme Court on Monday dismissed a petition filed by Delhi Commission for Women (DCW) chief against the former juvenile convict’s release in December 16 gangrape case.

Refusing to stay his release, the apex court observed,

We share your concern, but we can’t curtail his liberty without sanction of law. Everything has to be in accordance with law. We have to follow the law. There has to be clear legislative sanction.

Justice A K Goel

During the hearing, the Centre supported the Delhi government in blocking his release, which prompted the Supreme Court’s remark about the need for a “legislative action” to amend the existing law.

The court’s remarks came as the senior counsel Guru Krishna Kumar, appearing for DCW, pointed out that the Juvenile Justice Act, 2000, says that a juvenile convict’s detention cannot be more than three years.

The DCW counsel then said that the convict was far from reformed and there was an Intelligence Bureau report that he has been radicalised.

Pointing to the provisions that – in certain circumstances a juvenile could be housed in a special home – Guru Krishna Kumar said,

Assuming the limit is three years (but)... if there is no reformation in place... should the release of such a person not be delayed?

Guru Krishna Kumar, Senior Counsel

The senior counsel requested to set up an independent body to examine the state of mind of the convict and then decide what to do next.

The court rejected this plea, stating that there was no provision for any such law.

Asha Devi, mother of Jyoti Singh, the 23-year-old medical student who died days after the assault in 2012, said people would lose faith in law.

They have handed a certificate to those under 18 years to rape our women and girls.

Asha Devi

DCW chief Swati Maliwal had earlier knocked on the Supreme Court’s door close to midnight on Saturday, seeking to stall the release of former juvenile convicted in the December 16, 2012 gangrape case.

The judge had refused to hear the matter on an urgent basis, but agreed to consider the DCW’s plea on Monday.