The Delhi High Court today sought Centre’s response on BJP leader Subramanian Swamy’s plea that the juvenile convict in the December 16, 2012, gangrape case be not released till it is “demonstrably assured” that he has reformed and was not a menace to society.
A bench of Chief Justice G Rohini and Justice Rajiv Sahai Endlaw also asked the government to inform it about the measures taken, if any, regarding post release rehabilitation of the juvenile, who will walk out of the observation home on December 15 after serving the stipulated three year incarceration.
The court asked whether a management committee has been constituted as per the Juvenile Justice (JJ) Rules, is it still in existence and what are its activities.
“What are the plans, take instruction. It is not an ordinary case and requires consideration,” the bench said.
It issued notice to the Ministry of Law, Ministry of Home Affairs and the juvenile convict through JJ Board and also asked the government to get instructions from the committee and listed it for hearing on December 14.
The court passed the order after Additional Solicitor General Sanjay Jain and central government’s standing counsel Jasmeet Singh told the bench that while there was no opposition to extension of the juvenile’s stay at the observation home, as per the rules the committee has to make plans for post release rehabilitation.
Counsel for the Centre placed before the court the reports of the IB relating to the behaviour of the juvenile during his stay in special home.
However, the court asked the counsel to place the report before it in a sealed cover.
The government was responding to Swamy’s petition, who claimed that there is lacuna in the Juvenile Justice (Care and Protection of Children) Act 2000, as amended in 2011.
JJ Board had sentenced the juvenile three years detention in reformation home.