Nirbhaya's rapist may not walk free

The release of the juvenile convict in the Nirbhaya rape case looks uncertain with the government not opposing his extension of stay at the observation centre. Just ahead of his release, slated on December 15, the Centre on Friday told Delhi High Court that it had no objection to the continuation of his detention.

The Centre also placed before court the Intelligence Bureau report pertaining to the behaviour of the convict. The government was responding to BJP leader Subramanian Swamy's plea for not releasing the convict till it is assured that he was not a menace to the society.

The move assumes significance in the wake of an IB report that said the convict was brainwashed and motivated to join jihad in Kashmir during his stay at the Juvenile Welfare Home located at Majnu Ka Tila. The juvenile shared the cell with a Kashmiri youth, convicted in Delhi HC blast, for a year. Sources said the rape convict has not shown any considerable sign of improvement and hence, the government was jittery over his release at this point.
Mail Today had on October 30 reported that Intelligence officials probing the matter suspected the circumstances under which the Nirbhaya rapist was shifted from the juvenile home in Kingsway Camp to the observation centre at Majnu ka Tila.

During the hearing, the court sought to know whether a management committee has been constituted as per the Juvenile Justice (JJ) Rules, and if it is still in existence and what are its activities. The bench noted that it was not an ordinary case and needed consideration. "What are the plans, take instruction (from JJ Board). It is not an ordinary case and requires consideration," the bench said. It issued notices to the ministries of Law and Home Affairs and the juvenile convict through the JJ Board. While issuing notice to the Centre, a division bench of Chief Justice G Rohini and Rajiv Sahai Endlaw also sought to know about the measures taken, if any, regarding post-release rehabilitation of the juvenile. The court has posted the matter for hearing on December 14.
The court's direction came after Additional Solicitor General Sanjay Jain and central government's standing counsel Jasmeet Singh told the bench that while there was no opposition to extension of the juvenile's stay at the observation home, as per the rules, the committee has to make plans for the post-release rehabilitation. The Centre's counsel placed before the court the IB reports relating to the behaviour of the juvenile during his stay in the special home. However, the court asked the counsel to place the report before it in a sealed cover.
In his petition, Swamy has also cited the MHA report where it was said that the juvenile has not reformed but has become worse, having been radicalised during his stay at the welfare home. Swamy also claimed that there is lacuna in the Juvenile Justice (Care and Protection of Children) Act, 2000, as amended in 2011. The JJ Board had sentenced the juvenile to three years of detention in reformation home. He contended that no provision has been made in the Act to provide for vicious unregenerate convicted juveniles, who despite having undergone the reformation process for the maximum penalty of three year's custody in a special home, continue to be a menace to the society.