New Delhi: Delhi High Court on Friday refused to stop December 20 release of juvenile convict in December 16 gangrape and murder case after the completion of his 3-year jail term.
The convict is now aged 21 and is expected to be released on Sunday.
The High Court appreciated points raised by petitioner Subramanian Swamy and issues notices to Union Govt & Delhi Govt.
The next date of hearing is on 28th March.
Subramanian Swamy had said it is dangerous to free such a convict and appealed to the courts to make certain provisions in the law to deal with such serious offences.
"The juvenile convict should be kept with wild animals for committing such heinous crime. It is dangerous to free such people. There are certain flaws in our law. The juvenile laws are applicable only for people committing crimes like stealing food or bicycle but this law is not applicable for such kind of heinous crimes. There is no provision in the law that if such juvenile accuse do not change in the three years, then what action needs to be taken," Swamy told newsagency ANI last week.
"According to the report of Indian Intelligence bureau, the juvenile accuse has turned into a jihadi. So, the court should interfere and make certain provisions in the law regarding this. The government should move court and seek to arrest the juvenile accused under National Security Act. I am going to court and the court will decide what needs to be done. Let us see how the court case goes," he added.
The juvenile, who was under 18 when he was arrested for rape and murder of Nirbhaya, was tried under the Juvenile Justice Act and ordered to keep in a remand home for three years.
The parents of the victim, Asha Devi and Badri Singh Pandey also demanded that juvenile convict, allegedly the most brutal" of the six offenders, and scheduled to be released on December 20, should not be released, citing he was a threat to the city.
"On the third death anniversary of our death, we are seeing the release of the juvenile convict. Where is justice in that? I do not know whether he is 16 or 18. I only know that he has committed a brutal crime and there should be no age limit for punishment," Asha said.
She also put forth four demands from a public platform that the five accused including the juvenile convict should be sentenced to death, fast-track courts be set up in all the courts to offer speedy justice to sexual assault victims, amendments to the Juveniles Justice Act be passed and utilisation of Nirbhaya Fund for setting up high quality forensic labs in all states.