SC rejects plea against release of juvenile

The Supreme Court today dismissed a plea of DCW Chairperson Swati Maliwal against the release of the juvenile offender in the December 16 gang rape case, saying "there has to be a clear legislative sanction" in this regard.

"If anything has to be done, it has to be done according to the law. We have to enforce the law," a vacation bench comprising justices A K Goel and U U Lalit said while refusing to entertain the plea of Maliwal filed in her official capacity as Delhi Commission for Women (DCW) Chief.

The bench did not agree with the submission that the juvenile offender can be subjected to the reformation process for a further period of two years under the juvenile law.

"Will we not 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 when the counsel for DCW cited provisions to drive home the point that the delinquent juvenile can be allowed to go through the further reformation process. 

At the outset, the counsel for DCW assailed the order of the Delhi High Court order saying that it did not consider the provisions of the Juvenile Justice (Care and Protection of Children) Act.

He said that the juvenile, who is in conflict with the law, has to undergo the reformation process and there is an Intelligence Bureau report which indicates to the contrary and that the juvenile has been rather radicalised further.

Additional Solicitor General Pinky Anand, appearing for the Centre, supported the DCW's submissions saying that the juvenile can be kept under observation till such time the reformation process is on.