The Centre on Monday asked the Delhi high court to extend the observation-home stay of the juvenile convict in December 16 gangrape case till all aspects, including his mental health and post-release rehabilitation plans, are considered by the authorities.
The convict, who is now an adult, was scheduled to be released on December 20 at the completion of his three-year term at a remand home. But BJP leader Subramanian Swamy filed a plea against his release.
Additional solicitor general (ASG) Sanjay Jain, representing the government, told the court their “concerns” about the plan made by the management committee (MC) set up as per the Juvenile Justice (JJ) Rules.
He outlined that the MC’s plan did not mention the mental health status of the juvenile, a mandatory requirement as per rules.
The ASG also said the plan did not mention anything about the juvenile’s willingness to continue in the societal mainstream. He said that no follow-up action was contemplated in the MC’s report and this aspect was “completely missing”.
The court reserved judgment and said it would go through the MC’s plan and the Intelligence Bureau report, before passing the order.
In his petition, Swamy cited a home ministry report to allege that “this juvenile has not only not been reformed but has become worse still, having been radicalised by association with another juvenile convicted of involvement in the Delhi high court blast of September 7, 2011”.
Five other convicts in the case were awarded death penalty by a trial court which was later upheld by the high court. Their appeals are pending before the Supreme Court.
One of the accused allegedly committed suicide in Tihar Jail in 2013, and proceedings against him were dropped.
The juvenile, who was under 18 when arrested for the brutal rape and murder of a paramedical student on December 16, 2012, was tried under the Juvenile Justice Act.