Nirbhaya gang-rape case: Juvenile convict to walk free on Sunday as Delhi HC refuses to stay release

The court refused to stay the juvenile's release as it rejected a plea by BJP leader Subramanian Swamy.

The juvenile's term in observation home ends on December 20

New Delhi: The juvenile convict in the Nirbhaya gang-rape case is all set to walk free on Sunday (December 20) as the Delhi High Court on Friday refused to stay his release.

The court refused to interfere in the juvenile's release while dismissing a plea by BJP leader Subramanian Swamy.

A division bench of Chief Justice G Rohini and Justice Jayant Nath said the convict, who was found to be a juvenile at the time of the crime, cannot be kept at the observation home beyond December 20, the date he was set to be released.

"There can`t be any direction to extend the stay beyond December 20," said the bench.

Apart from Swamy, the Centre had also asked the High Court to extend the observation home stay of the juvenile convict in December 16, 2012 gang-rape case, saying several mandatory aspects were missing from the post-release rehabilitation plan which needed to be considered before setting him free.

Swamy had told the court at an earlier hearing that though the juvenile convict's term may have ended, but the court can "circumscribe" his movements.

The juvenile completes his three-year term in the observation home on Sunday.

Appreciating points raised by the petitioner (Swamy), the court issued notices to the Union government and the Delhi government and fixed next date of hearing on March 28.

Nirbhaya's parents have also demanded that the juvenile's release be stayed as him walking out free would be injustice to their daughter.

“Even after all our efforts, the juvenile convict will now be released,” Nirbhaya's mother said today.

Meanwhile, the Delhi Commission for Women has said that it will appeal to the Chief Justice of Delhi High Court, the Supreme Court and the President of India against the release of the juvenile convict.