Delhi Commission for Women (DCW) chairperson Swati Maliwal while filing a petition in the Supreme Court late on Saturday night had hoped that the juvenile rapist in the December 16 gangrape case will not walk free on Sunday as scheduled. But the the SC scheduled the hearing for Monday.
However, the juvenile (now a major) was released on Sunday as he has completed his maximum sentence of three years under the Juvenile Justice Act. He walked free as the Supreme Court did not restrain his release.
In a dramatic post-midnight move, the DCW had approached the Supreme Court to stay release of the juvenile convict, who is now 20-year-old and was known to be the most brutal of the attackers. “How many more Nirbhayas will we create before we change the system. Nirbhaya’s rapist should not be released under any circumstances on Sunday,” Maliwal tweeted.
“SC accepted r petition. Matter listed on Monday as Item No 3. Case subjudice now. Nirbhaya rapist should not be released until case heard,” she said in another tweet.
A vacation Bench comprising Justices Adarsh K Goel and Uday Umesh lalit in their order pronounced at 2 am, posted the matter for hearing on Monday. The Special leave Petition filed by DCW against the order of the Delhi High Court, which refused to restrain the release of the convict, was referred by the Chief Justice of India TS Thakur before the vacation Bench.
After the order by the court, DCW chairperson and the lawyers of the women’s panel hoped that since the matter has become subjudice, the Government and the Delhi Police will not release the juvenile offender on Sunday as scheduled.
On Saturday, the juvenile was moved out of Delhi even as distraught parents of the victim strongly kept on opposing his release. The parents were briefly detained by the police after they held a protest against the convict’s release.
Sources said the convict was taken to an undisclosed location from a correction home in North Delhi amid concerns that there was threat to his life. They said the juvenile has been kept under observation of an NGO under protection of the Delhi Police.