SC rejects plea to stop juvenile rapist release

TT, New Delhi, Dec. 21: The Supreme Court today dismissed the Delhi Commission for Women's petition to stop the release of the juvenile convict in the December 16 gang rape, saying no law allowed his detention beyond the three-year term he had been handed and which he completed yesterday.

"We share your concerns but we have to go by the law as it stands today. We cannot act beyond the law. We have to enforce the law," a bench headed by Justice Adarsh K. Goel said, echoing Delhi High Court's Friday verdict rejecting BJP politician Subramanian Swamy's plea to stay the release.

But calls to extend the detention of the now 20-year-old continued. The public outcry over his release could have an impact on the bill to amend the Juvenile Justice Act that is yet to be passed in the Rajya Sabha. Once it is passed, those aged above 16 can be tried as adults for heinous crimes.

While four adults convicted in the gang rape were sentenced to death - a fifth committed suicide during the trial - the sixth convict got only a three-year term because he was 17.

Although the bill cannot apply retrospectively to this juvenile convict, the DCW chairperson today accused the Rajya Sabha of cheating the country by keeping the law pending.

The Opposition had earlier agreed to refer the bill to a select committee for further scrutiny, but there is now a question mark on this consensus. Much will depend on the Congress, which has called a meeting of its MPs tomorrow morning to finalise floor strategy.

A Rajya Sabha MP of the party said it might opt for passage of the bill after moving some amendments. "The bill, after all, was initiated by the UPA," he added.

The Trinamul Congress, whose leader Derek O'Brien gave a notice for suspension of all business to facilitate a threadbare discussion of the bill today itself, said in the House that it is incumbent to bring an effective legislation.

The CPM, the CPI and the NCP, however, remained steadfast on the need to send it to a select committee. D. Raja of the CPI said law-making should not be swayed by emotion.

JDU's K.C. Tyagi, while saying the party was open to its passage, underlined: "This bill will not have any impact on the December 2012 juvenile rapist. Also, referring a bill to a select committee is part of the legislative process. And, the select committee has to submit its report within a month."

The last hearing at the Juvenile Justice Board, where a status update on the gang rape convict was given, took place last Tuesday, days after he had been shifted out of the Delhi observation home and put in the care of an unidentified local NGO. He will be closely monitored there while being given vocational training, and his situation would be reviewed six months later.