The Delhi High Court today refused to stay the release of the juvenile convicted in the December 16 rape case, now known as the ‘Nirbhaya’ incident..A Division Bench of Chief Justice G Rohini and Jayant Nath J. said that as per the provisions of the Juvenile Justice Act, the maximum amount of time that can be spent in the special home is three years..Since the juvenile would be completing this time period on December 20, 2015, the Bench held that ‘no direction could be issued to his stay in the Special Home beyond 20.12.2015’..However, acting on the plea filed by Dr. Subramanian Swamy and taking into account the concerns expressed by him during the course of proceedings, the Court passed certain directions to facilitate the rehabilitation of the convict once he is released..“We direct that the Juvenile Justice Board-II, Delhi shall interact with the Respondent No 1, his parents/guardians as well as the concerned officials of the Department of Women and Child Development, Govt. of NCT of Delhi regarding the post-release rehabilitation and social mainstreaming of the respondent No.1 and pass appropriate orders in accordance with the provisions of the Act and Rules.”.The Court has kept the writ petition pending in order to hear the submissions of the Delhi government and the Department of Women and Child Development over the issue of determining factum of reformation of juveniles in conflict with law before they are released from the Special Home on expiry of the period of stay ordered by the Juvenile Justice Board..The judgment which terms this as ‘an issue of larger public importance’ has now impleaded the Delhi government, and the Department of Women and Child Development and gave them a time of eight weeks to file their replies..You can read the judgment below.
The Delhi High Court today refused to stay the release of the juvenile convicted in the December 16 rape case, now known as the ‘Nirbhaya’ incident..A Division Bench of Chief Justice G Rohini and Jayant Nath J. said that as per the provisions of the Juvenile Justice Act, the maximum amount of time that can be spent in the special home is three years..Since the juvenile would be completing this time period on December 20, 2015, the Bench held that ‘no direction could be issued to his stay in the Special Home beyond 20.12.2015’..However, acting on the plea filed by Dr. Subramanian Swamy and taking into account the concerns expressed by him during the course of proceedings, the Court passed certain directions to facilitate the rehabilitation of the convict once he is released..“We direct that the Juvenile Justice Board-II, Delhi shall interact with the Respondent No 1, his parents/guardians as well as the concerned officials of the Department of Women and Child Development, Govt. of NCT of Delhi regarding the post-release rehabilitation and social mainstreaming of the respondent No.1 and pass appropriate orders in accordance with the provisions of the Act and Rules.”.The Court has kept the writ petition pending in order to hear the submissions of the Delhi government and the Department of Women and Child Development over the issue of determining factum of reformation of juveniles in conflict with law before they are released from the Special Home on expiry of the period of stay ordered by the Juvenile Justice Board..The judgment which terms this as ‘an issue of larger public importance’ has now impleaded the Delhi government, and the Department of Women and Child Development and gave them a time of eight weeks to file their replies..You can read the judgment below.