The Supreme Court has dismissed the petition challenging the release of the juvenile who was convicted of rapping and torturing a student in a moving bus, in Delhi, in 2012.
The petition was filed by Delhi Commission for Women (DCW) Chairperson Swati Maliwal, against the release of the juvenile convict in the 2012 Delhi gangrape case, saying “there has to be a clear legislative sanction” in the matter.
Refusing to entertain the plea of Maliwal filed in her official capacity as Delhi Commission for Women (DCW) Chief, a vacation bench comprising justices A K Goel and U U Lalit said, “If anything has to be done, it has to be done according to the law. We have to enforce the law.”
“Will we not be taking away somebody’s right to life guaranteed under Article 21 of the Constitution. There is nothing in the law to provide that,” the bench said.
The then juvenile, who is now 20, was released on Sunday after the Delhi High Court refused to stay his release, declining to pass any direction on extending his three-year stay in a reform home, amid protests erupting in many parts of the country.
Nirbhaya’s mother Asha Devi had expressed that if someone like the juvenile convict got released, it would be indicative of the government’s helplessness. “We hope that the High Court takes the decision in favour of the society because even the High Court knows the suffering of my daughter,” she said before the court judgement.