December 16 gang-rape: HC seeks Centre's move on juvenile convict

The Delhi High Court on Friday issued notice to the central government on BJP leader Subramanian Swamy's plea against the release of the "unreformed" juvenile convict in the December 16, 2012, gang rape and sought to know if any measure have been taken on his post-release follow-up.

A division bench of Chief Justice G. Rohini and Justice R.S. Endlaw asked the central government to give the Intelligence Bureau (IB) report about him having been radicalised, in a sealed cover. The court posted the matter for hearing on December 14.

The bench asking the Centre to apprise it if it has taken any measures on post-release follow-up of the juvenile, said "it's not an ordinary case".

It also asked whether a management committee has been constituted as per the Juvenile Justice (JJ) Rules, it is still exciting, and what is its role.

"Call on December 14, by which date the counsel appearing for Centre shall take instructions as to the measures if any taken by the management committee regarding the post-release follow-up of the respondent No. 1 (juvenile) as provided under Rule 5.5 of the Juvenile Justice (Care and Protection of Children) Act, 2007," the bench said, issuing notice to the union law ministry, home ministry and the juvenile convict through JJ Board.

The juvenile, who was under 18 when arrested for brutal rape and murder of a para-medical student on December 16, 2012, was tried under the Juvenile Justice Act. He was ordered to be kept in a remand home for three years.

The juvenile is set to be released on December 15.

The IB had raised suspicion of the juvenile being radicalised after being shifted with a juvenile apprehended in connection with the Delhi High Court blast case.

Swamy in his plea asked the court to pass order that "such unreformed juvenile not be released until it is demonstrably assured that he has reformed, ceased to be radicalised and is not a menace to the society".

A trial court had awarded death penalty to four rapists which was upheld by the high court. Out of the six convicts, one was found dead in Tihar Jail and the juvenile was sent to reform home.

The appeals for four convicts are pending before the Supreme Court.