New Delhi: The Supreme Court on Monday dismissed the plea against the release of the juvenile convicted for the 2012 December gang-rape case.
The juvenile convict of the horrific 2012 Delhi gang-rape case was on Sunday released and sent to an NGO.
A vacation bench comprising Justices AK Goel and UU Lalit dismissed the plea filed by the Delhi Commission for Women (DCW) seeking a stay on juvenile's release.
"If anything has to be done, it has to be done according to the law. We have to enforce the law," the SC bench said while refusing to entertain the plea of Maliwal filed in her official
capacity as DCW Chief.
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.
While delivering its judgement, the apex court told DCW that it shares its concern, but under existing law, detention of a juvenile cannot go beyond three years.
Reacting to the SC order, Nirbhaya's mother said she was not surprised with the decision.
Speaking to mediapersons, DCW chief Swati Maliwal said it is a black day for the country. She further alleged that Rajya Sabha has betrayed the country.
Notably, the Upper House is yet to pass the Bill to amend the Juvenile Justice Act which seeks stringent punishment for children aged between 16-18 involved in heinous crimes.
The juvenile, who was under 18 years of age when he was held with five other men for the brutal rape and murder of the paramedical student on December 16, 2012, was tried under the Juvenile Justice Act. He was put in a remand home for three years, the maximum permissible under the legal provisions.
Of the six, one was found dead in Tihar Jail. A trial court had awarded death penalty to the other four rapists which was upheld by the high court. Their appeals are pending before the apex court.
