Our hands are tied by Law: Supreme Court on juvenile release

Supreme Court that takes up a petition filed by Swati Maliwal, the Chairperson of Delhi Commission for Women (DCW) opposing release of juvenile offender of Nirbhaya Case, refusing to stay his release and stated “We share your common concern but our hands are tied by the existing law.

“There is no legislative sanction in the juvenile laws for extending his jail term more than three years period. Hence, though we agree with the common concern of the people, we can’t detain him any further,” said a vacation bench comprising justices A K Goel and U.U. Lalit of Supreme Court on Monday.

Senior advocates Guru Krishnakumar and D. Kamat representing DCW argued that it is not wise to release the juvenile, who had been not reformed during his three years stay in the juvenile home. They also reminds the apex court bench about the intelligence reports, which says that juvenile radicalized during his stay in the home after interacting with another juvenile who found guilty in Delhi High Court bomb blasts case. However, the apex court bench said its hands were tied by law and can’t detain juvenile any further. The apex court dismissed DCW petition and thus cleared the last hurdle for juvenile offender’s freedom.

Juvenile Home officials handed him over to an NGO organization in New Delhi on Sunday. According to juvenile board regulations he will be provided Rs. 10, 000 and necessary assistance for resettlement in his life. According to sources, the NGO organization has been allowed to change his identity proofs including his name for his safety purpose.

Nirbhaya parents and people across the country are strongly condemning his release from juvenile home. Nirbhaya’s mother Asha Devi said “We have expected justice for my daughter, who was brutally gang raped and murdered. But our government and legal system denied justice to us. We demand the government for amending the juvenile laws immediately to put juvenile offender back in the jail otherwise he may become potential threat for the society.”

DCW Chairperson Swati Malal reacting on the Supreme Court verdict said “It is a black day for women.”