Delhi High Court was today told by the government that the issue of ascertaining whether a juvenile has been reformed before his release from a special home on expiry of period of stay, has been addressed in the new Juvenile Justice (Care and Protection of Children) Act.
The submission was made by the government as well as by BJP leader Subramanian Swamy before a bench of Chief Justice G Rohini and Justice Jayant Nath during the hearing of the politician's plea seeking stay on the release of the juvenile convict in the horrific December 16, 2012 gangrape case and the issue of trying such juveniles as adults.
"The Juvenile Justice (Care and Protection of Children) Act of 2000 has been repealed and new Act of 2015 has come into force from January 15, 2016. Issue sought to be raised has been taken care of in the new Act. Therefore, it is no longer necessary to adjudicate present petition on merits," the bench said and disposed of Swamy's plea.
The court granted him liberty to raise the issue in future if he felt the new Act has not adequately dealt with the matter.
The court on December 18 last year had cleared the decks for release of the juvenile convict in the gangrape case by saying he cannot be stopped from walking free under existing legal provisions.
The Juvenile Justice Board had sentenced the juvenile to three years detention in a reformation home.
Six persons, including the juvenile, had brutally assaulted and raped a 23-year-old girl in a moving bus in south Delhi on December 16, 2012. The victim had died in a Singapore hospital on December 29, 2012.
Mukesh, Vinay, Pawan and Akshay were awarded death penalty by trial court in the gangrape and murder case which was later confirmed by Delhi High Court. Their appeals are pending before the Supreme Court.
Accused Ram Singh had allegedly committed suicide in Tihar Jail on March 11, 2013, and proceedings against him were abated following his death.
