Nirvaya Gang Rape : Delhi HC Refuses To Stop Juvenile’s Release

18 December, New Delhi

Delhi High court Friday refused to stay the release of juvenile convict in the December 16th Delhi Nirvaya gangrape and murder case saying he cannot be stopped from walking free under the existing provisions of law.

Brushing aside the public outcry against his release, a High Court bench of Chief Justice G Rohini and Justice Jayant Nath directed the Juvenile Justice Board to interact with the convict, his parents and concerned officials of Department of Women and Child Development regarding his “rehabilitation and social mainstreaming”.

The bench said BJP leader Subramanian Swamy’s plea seeking stay on the release of juvenile convict cannot be allowed as the statutory and existing law was coming in its way.

The convict is now all set to walk free on Sunday after spending three years in a remand home. 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. The incident had sparked widespread condemnation from all quarters and propelled thousands of people to come out on the streets.

The Delhi Commission for Women (DCW) said the High Court’s refusal to stay the release of the juvenile convict in the December 16 gangrape case was a dark day in the history of the country.

In a tweet DCW chairperson Swati Maliwal said Commission would appeal to the Chief Justice of India, Delhi High Court and write to the President against the release of the juvenile. She stressed that an analysis needs to be carried out to assess the mental health of the juvenile convict.

The distraught family of Dec 16 gangrape victim has rued the Delhi High Court’s refusal to stay the release of the juvenile, saying “Crime has won and we have lost (Jurm jeet gaya, hum haar gaye)”. Asha Devi, mother of the victim, said, despite all our efforts, the criminal will walk free. She said their three-year-old battle for justice has gone in vain. The victim’s father also expressed disappointment over the order and said it should have had a deterrent effect.

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