Delhi Commission for Women chief Swati Maliwal urged the Juvenile Justice Board on Sunday against going ahead with the release of the December 16 gangrape convict, who was a juvenile when arrested in
Delhi Commission for Women chief Swati Maliwal urged the Juvenile Justice Board on Sunday against going ahead with the release of the December 16 gangrape convict, who was a juvenile when arrested in 2012, saying that the matter is listed for a hearing in Supreme Court on Monday.
Ms Maliwal and her organisation made a dramatic post-midnight move to approach the apex court for a stay on the release of the convict, who is now 20 years old.
Writing to Murari Prasad Singh, the principal magistrate at Juvenile Justice Board-II, Ms Maliwal said, “This is to bring to your kind notice that the DCW has moved a special leave petition in Supreme Court last night challenging the imminent release of the juvenile boy in the gangrape case. The matter has been listed in Supreme Court for tomorrow and is thus sub-judice... I request you to kindly not precipitate the matter until the same is heard by Supreme Court tomorrow.”
Ms Maliwal had approached Supreme Court seeking a stay on the release of the convict. According to sources, the release order of the juvenile convict was prepared at least a day before he was moved out of the correctional home and sent to an undisclosed location. However, the order is yet to be signed for his formal release.
The criminal record of the juvenile has been expunged as per legal provisions and his identity shall not be disclosed, the sources said.
Ms Maliwal defended her action and answered criticism by the gangrape victim’s parents about the last-minute appeal by saying that consultations with the legal team resulted in the delay in filing of the special leave petition.
“It was after a meeting with the vice-president that we realised that nothing was happening and I started knocking all other doors. Our efforts were genuine and we took all possible steps to stop the juvenile’s release. I am sad to know that our efforts are being seen as pretence,” said the DCW chief.
On Saturday night, a vacation bench comprising Justices A.K. Goel and U.U. Lalit in an order pronounced at 2 am had posted the matter for hearing on Monday.
The special leave petition was filed by the DCW against the order of the Delhi high court that refused to restrain the release of the convict had been referred by the Chief Justice of India T.S. Thakur before the vacation bench.
After the order by Supreme Court, the DCW chairperson and the lawyers of the women’s panel hoped that as the matter was sub judice, the government and the Delhi police would not release the convict on Sunday, as was scheduled. The convict was moved out of Delhi on Saturday.
Terming the high court’s refusal to stay the release of the convict as a “dark day” in the history of the country, Ms Maliwal had shot off letters to, among others, President Pranab Mukherjee and the Chief Justice of India.
