While declining to issue any direction to stop the release of the juvenile delinquent in the December 16, 2012 gang-rape case, the Delhi High Court has kept BJP leader Subramanian Swamy’s writ petition pending in order to examine the issue of reformation of juveniles in conflict with law before they are released on the expiry of their sentence.
In his petition seeking a stay on the juvenile’s release on the ground, inter alia, of his alleged radicalisation, Dr. Swamy had raised the issue whether a juvenile found to have committed an offence and sent to observation home by the Juvenile Justice Board could be released without ascertaining the “factum of reformation” that was necessary for his social integration.
The Division Bench of Chief Justice G. Rohini and Justice Jayant Nath, dealing with the matter, said in its seven-page order on Friday that it was a larger issue of public interest which required deeper consideration.
Dr. Swamy had contended in his petition that the juvenile, who had committed a serious crime of brutal gang rape could not be released until is was “demonstrably assured” that he had reformed during his stay in observation home. He claimed that the juvenile continued to be unreformed and had become radicalised by association with another juvenile convicted in a terror case and lodged in the same special home.
The court asked the Centre to file its response to Dr. Swamy’s plea within eight weeks and impleaded the Delhi government’s Women and Child Development Department as a respondent to the petition. The Bench issued notice to the Delhi government, which will also file its response within eight weeks, and listed the petition for hearing on March 28, 2016.
Dr. Swamy told reporters after the court pronounced its order that the juvenile, who has now turned an adult, would remain under the supervision and control of the management committee appointed under the Juvenile Justice (Care and Protection of Children) Rules, 2007, till he was proved mentally sound.
“It is not strictly [a] release. The issue was whether the juvenile will be allowed to roam free in the society. He will now be under the control of the management committee of Juvenile Justice Board,” said Dr. Swamy, adding that he was satisfied with the court order.
The BJP leader said the rule that the management committee could keep a juvenile in its control for a maximum period of two years could be changed in near future. Until the juvenile proved himself to be mentally sound, he could not secure freedom for himself, he affirmed.
The court noted that the Delhi government had informed the Union Ministry of Home Affairs that the juvenile had been regularly counselled by the counsellors of Mental Health Unit. The details of vocational skills imparted to him were furnished and the proposed rehabilitation plan was also indicated, in addition to the individual care plan for him maintained at the observation home.
However, Additional Solicitor General Sanjay Jain argued before the court that the juvenile's stay needed to be extended as there was no material to establish his mental state, more particularly, in the absence of any specific proposal for his post-release rehabilitation as required under the statutory rules.
Released juvenile will stay under control
of the management committee of the Juvenile Justice Board
