New Delhi: The Supreme Court on Monday rejected a petition filed by the Delhi Commission for Women against the release of the juvenile convict in what is known as the Nirbhaya gang-rape case, saying it “shared” the concern of general citizens’ but its hands were “tied” by the law.
“We share your concern but our hands are tied by the existing law. There has to be clear legislative sanction to extend the detention period beyond 3 years. Under the present law, detention cannot be extended beyond three years,” the top court said.
Appearing for DCW, senior advocate Guru Krishnakumar and advocate Devadatta Kamat told the court that the juvenile had not undergone any reform programme which was mandatory under law.
“If anything has to be done, it has to be done according to the law. We have to enforce the law,” a vacation bench comprising justices A K Goel and U U Lalit said while refusing to entertain the plea of Maliwal filed in her official capacity as Delhi Commission for Women (DCW) Chief.
The bench did not agree with the submission that the juvenile offender can be subjected to the reformation process for a further period of two years under the juvenile law.
The juvenile convict of the horrific December 16 gangrape case was on Sunday released and sent to an NGO after DCW’s last ditch effort to block it through a stay order from the Supreme Court failed
The convict, along with five others, had gangraped and murdered the 23-year-old paramedical student in a moving bus on December 16, 2012, an incident that shook the nation and led to widespread protests.