December 16 gangrape: High Court halted by law to stop juvenile's release

NEW DELHI: The juvenile convict in the brutal December 16, 2012 gangrape-cum-murder case will walk free on Sunday after spending three years in the probation home with the Delhi High Court today refusing to stay his release, evoking sharp reactions from victim's family who said "crime has won and we have lost".

The first reaction of the mother of the victim came immediately after a bench of Chief Justice G Rohini and Justice Jayant Nath brushed aside the public outcry against the convict's release who has now turned major, saying that the statutory and existing legal provision was coming in its way to stop his release on December 20.

"Crime has won and we have lost (jurm jeet gaya, hum haar gaye). Although we haven't seen him, nor met him, but despite all our efforts, a criminal will walk free," said a dejected Asha Devi, mother of the victim.

The mother, who waited for the order alongwith her husband Badri Singh Pandey, in the court, said, "Despite all our efforts for three years, our government and our courts have released a criminal.

"The assurance we were given was that we will get justice but that has not been delivered. We are very disappointed," she said about the order of the Bench which also directed the Juvenile Justice Board (JJB) to interact with the convict, his parents and concerned officials of Department of Women and Child Development regarding his "rehabilitation and social mainstreaming".

Contrary to the victim's family, BJP leader Subramanian Swamy, who has filed the plea seeking stay of the release of juveline convict, expressed his satisfaction over the order not to stop the convict's release from the reformation home.

"He will not be free but remain under the supervision and control of Management Committee till he is proved mentally sound. Its not the release.

"For me the issue was whether he (juvenile) will be allowed to roam as a free man or not. The answer is no. Now he (juvenile) will be under the control of management committee of Juvenile Justice Board," Swamy said.

Swamy said that the juvenile who is now 20-years-old will have to satisfy the management committee that he is mentally sound.

"...for that rules provide for upto two years where they (management committee) can keep him in their control. We will change the rule within that period," he said, adding that until the juvenile proves himself as mentally sound, he will not be free man.