The Supreme Court has
dismissed the plea by the Delhi Commission for Women against the release of the
juvenile convict in the brutal Nirbhaya gang rape case. It observed that
"we share your concern, but we cannot go beyond the law."
"We
cannot interpret the law [Juvenile Justice Act] to curtail his [juvenile
convict] freedom without legislative sanction. We share your concern, but we
cannot go beyond the statute," Justice U.U. Lalit, one of the judges on
the Bench led by Justice A.K. Goel, said.
When the
government said it supported DCW Chairperson Swati Maliwal's plea that the
juvenile convict should not be released till such time he is reformed, Justice
Goel said, "You are saying without the law backing you... go first and
make the law."
"Suppose
the reformation takes another seven or ten years? Do we have to extend the
period of his detention every now and then without any legislative
sanction?" Justice Lalit asked senior advocate Guru Krishnakumar, who
argued for Ms. Maliwal.
Adv Krishnakumar
quoted provisions in the Juvenile Justice Act and the Delhi Juvenile Justice
Rules to argue for an independent committee to review the juvenile convict's
mental status and keep him under protective custody till he reforms and is not
a threat to the society.
"Are
you for the rehabilitation of the child or for the detention of the
child?" Justice Goel asked.
Adv
Krishnakumar quoted Rule 38 (after care organisation), which allows for care
and monitoring after release.
"He
need not be considered outside the realm of law on release. This provision can
be used for two years till he attains the age of 21," he said.But the
court checked him, saying that this provision was only available to juvenile
convicts who have no place to go after their release.
"Sorry Mr. Kumar, you
don't have a case here," Justice Lalit's said, concluding the short
hearing.