December 16 gangrape case: High Court refuses to stay release of juvenile convict
New Delhi: Decks were cleared for the release on Sunday of the juvenile convict in the horrific December 16, 2012 gangrape case with the Delhi High Court on Friday refusing to intervene, saying he cannot be stopped from walking free under the existing provisions of law.
The convict, now 20-year-old, is expected to walk out of the reformation home on December 20, at the end of his three- year jail term unless there is a stay from the Supreme Court.
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".
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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.
"Having regard to the fact that the maximum stay that can be directed in the Special Home under Section 15(1) of the Juvenile Justice Act is three years and that the convict would be completing the period of three years by December 20, 2015, there cannot be any direction to continue his stay in the special home beyond December 20. Hence, we decline to issue any direction as prayed by the petitioner," the bench said while allowing the convict to walk free.
The paramedical student, whose real name was Jyoti Singh but was known as Nirbhaya for her brave fight against the six criminals, was brutally gangraped and assaulted inside a moving bus on the night of December 16 three years ago. She battled for her life for 13 days but died on December 29, 2012 in a Singapore hospital where she had been airlifted from Delhi for better treatment.
Mukesh, Vinay, Pawan and Akshay were awarded death penalty by trial court in the gangrape and murder case which was later confirmed by Delhi High Court. Their appeals are pending before the Supreme Court.
Accused Ram Singh had allegedly committed suicide in Tihar Jail on March 11, 2013, and proceedings against him were abated following his death.
Earlier, Nirbhaya's mother, took her daughter's real name in public and said people who committed heinous crimes like rape should hang their heads in shame and not the victims or their families.
