New Delhi: The Supreme Court today refused a midnight hearing on a petition filed by the Chairperson of the Delhi Commission for Women (DCW) Swati Maliwal against the scheduled release of the Nirbhaya gang-rape juvenile convict on Sunday. However, the case will be taken up for hearing by the apex court on Monday.
"The Supreme Court has agreed to hear the matter on Monday. The case is listed as Item number 3 for Monday. The matter is listed and the case is now subjudice," Swati Maliwal told reporters outside the residence of Justice Adarsh Kumar Goel.
With the juvenile set for release on Sunday and the court refusing to hear the matter Saturday night, there is no clarity over whether the juvenile convict will be released or not. "Our hope and prayer is that the convict is not released by the Delhi Police and the government. Let the highest court take cognisance in the matter and only then should any action bve taken," said the DCW chief.
Chief Justice of India T S Thakur earlier allocated the matter before a vacation bench of justices A K Goel and U U Lalit to decide upon the urgency of the matter and the time for the hearing.
In its petition filed before the Supreme Court, the DCW cited an IB report which points to the convict being "completely unremorseful and has been further radicalised by association with other juvenile convict in Special Home".
"Further the Government of India in its stand submitted that there is no material to establish that the mental state of the Respondent has been reformed. It is submitted that there is serious apprehension considering the heinous nature of the crime committed by the Respondent as well as his behaviour and attitude in special home confirmed by the Government agencies that the Respondent may continue to have criminal/perverse bent of mind which possess a serious threat to women at particular and society at large," the DCW said in its petition.
"It is submitted that thus releasing of the said Respondent without even calling for an assessment of the reformation if any undergone by the Respondent or his mental state may be extremely dangerous to the society," it added.
The DCW moved the apex court late on Saturday evening following reports of the convict being moved to an undisclosed location. The protests staged by the parents of the gangrape victim outside the correction home is also believed to have swung the DCW into action.
Parents of the horrific December 16 gangrape victim were detained on Saturday evening by police personnel for protesting against the scheduled release of the juvenile convict outside the reform home. They were let off after a short while.
"This struggle is for all Nirbhayas across the country. The entire nation is looking towards Hon'ble Supreme Court with a lot of hope," Maliwal had tweeted earlier.
Earlier on Saturday, ther DCW chief met with the apex court's Vacation Officer – in this case Additional Registrar Anita Kashyap regarding the petition.
The Delhi High Court had on Friday refused to stay the release of the convict, which is scheduled for Sunday, December 20.
According to a letter by the Department of Women and Child Development, Government of Delhi, the juvenile has "undergone various rehabilitation trainings" by NGO Shubhiksha Welfare Society and a cutting, tailoring course by NGO Vidya Jyoti Welfare Associate.
The letter, which is addressed to the Assistant Registrar (Law), National Human Rights Commission, also notes that the juvenile has been given "regular psychological counseling and assessment" by the counselor of the institution.
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