Centre for extension of juvenile’s stay

The Centre on Monday asked the Delhi high court to extend the observation home stay of the juvenile convict in the December 16, 2012 gangrape case who is scheduled to be released on Sunday, saying that several mandatory aspects were missing from the post-release rehabilitation plan which needed to be considered before setting him free.

After hearing the brief arguments and perusing the post-release plan, which was submitted by the Central government, the court reserved its verdict on BJP leader Subramanian Swamy’s PIL seeking stay on the juvenile’s release.

Additional solicitor-general (ASG) Sanjay Jain appearing for the Centre said that there is no mention of mental health status and follow-up were among the concerns listed while seeking an extension of the juvenile’s stay till the time all the missing aspects in the post-release plan are taken into account.

A bench of Chief Justice G. Rohini and Justice Jayant Nath was told by the BJP leader that though the juvenile’s term may have ended, but the court can “circumscribe” his movements.

The ASG also said that it has several “concerns” regarding the plan made by the management committee (MC), set up as per the juvenile justice (JJ) rules.

The committee’s plan does not mention the mental health status of the juvenile, which is a mandatory requirement under the rules, said the ASG.

He added that the mental health aspect was missing from the report of the person who counselled the juvenile.

The plan does not mention anything regarding the juvenile’s willingness to continue in the societal mainstream, he said.

The court was told that as per records, the juvenile is set to be released on December 20 this year and not on Tuesday. The ASG sought that his stay be extended till the time the MC takes into account all the missing aspects in its post-release plan.