Dec 16 gangrape: HC halted by law to stop juvenile's release

The juvenile convict in the brutal December 16, 2012 gangrape-cum-murder case will walk free on Sunday after spending three years in the probation home with the Delhi High Court today refusing to stay his release, evoking sharp reactions from victim's family who said "crime has won and we have lost".
The first reaction of the mother of the victim came immediately after a bench of Chief Justice G Rohini and Justice Jayant Nath brushed aside the public outcry against the convict's release who has now turned major, saying that the statutory and existing legal provision was coming in its way to stop his release on December 20.

"Crime has won and we have lost (jurm jeet gaya, hum haar gaye). Although we haven't seen him, nor met him, but despite all our efforts, a criminal will walk free," said a dejected Asha Devi, mother of the victim.
The mother, who waited for the order alongwith her husband Badri Singh Pandey, in the court, said, "Despite all our efforts for three years, our government and our courts have released a criminal.
"The assurance we were given was that we will get justice but that has not been delivered. We are very disappointed," she said about the order of the Bench which also directed the Juvenile Justice Board (JJB) to interact with the convict, his parents and concerned officials of Department of Women and Child Development regarding his "rehabilitation and social mainstreaming".

Contrary to the victim's family, BJP leader Subramanian Swamy, who has filed the plea seeking stay of the release of juveline convict, expressed his satisfaction over the order not to stop the convict's release from the reformation home.

"He will not be free but remain under the supervision and control of Management Committee till he is proved mentally sound. Its not the release.
"For me the issue was whether he (juvenile) will be allowed to roam as a free man or not. The answer is no. Now he (juvenile) will be under the control of management committee of Juvenile Justice Board," Swamy said.

Swamy said that the juvenile who is now 20-years-old will have to satisfy the management committee that he is mentally sound.
Differing with Swamy, the victim's father said the order
should have had a deterrent effect but did not indicate any plan to move the Supreme Court for now.
"The order must be delivered while keeping in mind that it helps in the betterment of society and acts as a deterrent so that no one can commit such kind of crime in future," he said while maintaining that the existing law needed a change.
Centre's standing counsel Anil Soni passed the buck on Rajya Sabha saying the failure to passed the amendment Bill of Juvenile Justice Act, has led to the release of the juvenile, who according to the police report was the most brutal of all the convicts.

"Once again the terror of Delhi will walk on street of national capital, just because, unfortunately, the Rajya Sabha has not passed the amendment bill of Juvenile Justice Act, enhancing the sentence of juvenile involved in such a serious offence."
"The court was constrained within the law and could not order more detention exceeding three years of the juvenile who was in conflict of the law.
"However the court has taken into consideration the point raised in the writ petition and will deliberate upon it and has also given next date of hearing in the matter," Soni said about the order in which the court was of the view that the issue of reformation of juvenile in conflict with law required deeper consideration.

The High Court has sought response of the Centre and Delhi government on the issue within eight weeks.
"The need for ascertaining the factum of reformation of the juveniles in conflict with law before they are released from the special home on expiry of the period of stay ordered by the JJ Board, is a larger issue of public importance which requires deeper consideration..." the bench said.
Six persons, including the juvenile, had brutally assaulted and raped a 23-year-old girl in a moving bus in south Delhi on December 16, 2012. The victim had died in a Singapore hospital on December 29, 2012.

Mukesh, Vinay, Pawan and Akshay were awarded death penalty by trial court in the gang rape and murder case which was later confirmed by Delhi High Court. Their appeals are pending before the Supreme Court.