Juvenile could walk free on December 20

High Court declines to issue any direction to continue the stay of the juvenile, who is now an adult, in the observation home beyond Dec. 20

Nirbhaya's Mother Asha Devi speaks at a programme to observe the third anniversary of Nirbhaya gang-rape case as 'Nirbhaya Chetna Divas' at Jantar Mantar in New Delhi. Social activist Shabana Azmi is also seen.

The juvenile convict in the December 16, 2012 Nirbhaya gang rape case moved closer to freedom on Friday after the Delhi High Court refused to stop his release on his completing the three-year sentence. The court cited existing provisions of the law while holding that no direction could be issued to prolong his stay in the observation home beyond Sunday.

A Division Bench of the High Court, hearing a writ petition moved by BJP leader Subramanian Swamy, said the maximum stay that could be directed in the observation home under Section 15 (1) of the Juvenile Justice (Care and Protection of Children) Act was three years. The juvenile, who is now an adult, will be completing three years on December 20.

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However, the Bench, comprising Chief Justice G. Rohini and Justice Jayant Nath, directed the Juvenile Justice (JJ) Board of Delhi to interact with the juvenile, his parents and guardians and the Delhi government’s Women and Child Development Department officials for his post-release rehabilitation and “social mainstreaming.”

For this, the JJ Board, which had sentenced the juvenile to three years’ detention, will pass appropriate orders in accordance with the provisions of the Juvenile Justice Act and Rules. The court in its seven-page order referred to legal provisions for individual care plan, periodic review and follow-up, social investigation and reducing the juvenile's vulnerability.

The petition, seeking a stay on the release, said the boy had been “radicalised” by another youth accused in the Delhi High Court blast case of 2011 lodged in the same observation home. In response to the petition, the Centre had sought extension of his stay in the observation home at Majnu Ka Tila here, till all aspects, including his mental health and post-release rehabilitation plan, were considered by the authorities. The court had also sought an Intelligence Bureau report, in a sealed cover, about him having been radicalised. The court pronounced the order in the presence of Dr. Swamy and the rape victim’s parents and posted the case for further hearing on March 28, 2016.

Social activist Shabana Azmi consoles Narbhaya's Mother Asha Devi at a programme to observe the third anniversary of Nirbhaya gang-rape case as 'Nirbhaya Chetna Divas' at Jantar Mantar in New Delhi on Wednesday. (PTI)

Centre told to file response in 8 weeks

While asking the Union government to file its response within eight weeks on the issue of reformation of juveniles, the Bench directed that the Delhi government be impleaded as a respondent to the petition.

The court pointed out that Rule 17 (3) of JJ Rules provides for individual care plan, reviewed from time to time by the management committee set up under Rule 55, while Rule 65 provides for restoration of juvenile to the family and follow-up action. The rule also provides for submission of a quarterly follow-up report to the JJ Board for two years, said the court.

The brutal incident of the gang rape of a 23-year-old girl by six persons, including the juvenile, in a moving bus here on December 16, 2012 had shocked the nation. Four of the accused were awarded the death penalty by the trial court, which was later confirmed by the Delhi High Court, while one accused allegedly committed suicide in Tihar Jail.