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New Delhi: The December 16, 2012, Nirbhaya rape case’s juvenile convict’s stay in an observation home should be extended till all aspects including mental health and post-release rehabilitation plans are considered by the authorities, the government told the Delhi High Court on Monday.

A division bench of Chief Justice G Rohini and Justice Jayant Nath was told by Additional Solicitor General (ASG) Sanjay Jain that several mandatory requirements were missing from post-release rehabilitation plan of the juvenile convict.


The bench reserved its order on Bharatiya Janata Party leader Subramanian Swamy’s plea against the release of the “unreformed” juvenile convict. “We will consider and pass order,” said the bench after hearing the arguments of government and Swamy.

“His (juvenile) stay in observation home needs to be extended….,” ASG told the court.

The post-release follow-up action “completely missing” in the report of management committee, constituted as per the Juvenile Justice (JJ) Rules, Jain told the court. He added that the committee’s plan has nothing relating to the mental health status of the juvenile, which is a mandatory requirement under the JJB rules.
Jain told the bench that as per the order of Juvenile Justice Board (JJB), the release of juvenile convict was scheduled for December 20, but “it needs to be extended”.

The juvenile, who was under 18 when arrested for brutal rape and murder of a para-medical student on December 16, 2012, was tried under the Juvenile Justice Act. He was ordered to be kept in a remand home for three years.

The court had earlier sought Intelligence Bureau (IB) report about him having been radicalised, in a sealed cover.

The IB had raised suspicion of the juvenile being radicalised after being shifted with a juvenile apprehended in connection with the Delhi High Court blast case.

Swamy in his plea asked the court to pass an order that “such unreformed juvenile not be released until it is demonstrably assured that he has reformed, ceased to be radicalised and is not a menace to the society”.

A trial court had awarded death penalty to four rapists (of the Nirbhaya rape case) which was upheld by the high court. Out of the six convicts, one was found dead in Tihar Jail and the juvenile was sent to reform home.

The appeals for four convicts are pending before the Supreme Court.(IANS)


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