The Delhi High Court on Friday said the December 16, 2012, Delhi gang-rape “juvenile” convict’s stay can’t be extended in an observation home. A division bench of Chief Justice G. Rohini and Justice Jayant Nath said the convict, who was found to be a juvenile at the time of the crime, cannot be kept at the observation home beyond December 20, the date he was set to be released.
“There can’t be any direction to extend the stay beyond December 20,” said the bench.
It may be noted that BJP leader Dr. Subramanian Swamy had rquested the high court to not release the juvenile, claiming he had been “radicalised” while in the reform home. However, the court has not agreed with the plea to extend his stay in observation home.
The parents of Nirbhaya, the deceased victim of the gang rape that occurred in Delhi on December 16, 2012, were shocked by the court’s decision to let the juvenile walk free. However, the legal provisions do not allow extension of the juvenile’s stay beyond the 3 years’ period, under the provisions of the Juvenile Justice Act. This becomes clear from the language of Sections 15 and 16 of the Juvenile Justice (Care and Protection of Children) Act, 2000.
