Thursday, 6 August 2020

Nirbhaya lost crime won

Updated: January 1, 2016 10:39 am

She will never get justice; such is our constitution and laws. The juvenile, whose identity is known to many but hidden officially as he belongs to a privileged category convicted in the 2012 Delhi gang rape and murder of Nirbhaya walked free on December 20, 2015 after the Delhi high court refused to pass any directive on extending his three-year stay in a reform home. BJP leader Subramanian Swamy had urged the court to not release the juvenile, claiming he had been “radicalised” while in the reform home. Based on his plea, the court has issued notices to the Central and Delhi governments on the matter. The next date of hearing is March 28. The parents of Nirbhaya, as the paramedical student was brutally assaulted on December 16, 2012 in most beastly manner by this supposedly below 18 years of age, wept in the court. They said they were shocked by the court’s decision to let the juvenile walk free. “Even after all our efforts, the juvenile convict will now be released,” a teary-eyed Nirbhaya’s mother said outside the court.

The juvenile, who was six months short of 18 when he was arrested for the brutal rape and murder of a student of paramedics on December 16, 2012, was tried under the Juvenile Justice Act. He was ordered to be kept in a remand home for three years. Calling the juvenile who’s almost 20 now, an ‘animal’, Subhramanian Swamy said it would be dangerous to release him. He also appealed to the court to make provisions in the law to deal with situations where juveniles are convicted of such serious offences. The Centre as well sought an extension of his stay in the reform home until all issues—including the juvenile’s mental health and a post-release rehabilitation plan or him—had been considered by the authorities.

The court had earlier also sought an Intelligence Bureau (IB) report, in a sealed envelope, about the convict having been radicalised. The IB had raised suspicions that the juvenile became radicalised after being moved in with another juvenile apprehended in connection with the Delhi high court blast case. IT is not judiciary’s fault, its legislature fault. Judiciary can give judgement as per the law. Judiciary can also strike down laws but cannot create laws. When there is no provision in law for juveniles to get punished more than 3 years, judiciary is helpless. It’s not judiciary…they follow the constitution … and they can’t overrule it. It’s the responsibility of Parliament to make laws and make changes to it. The only fear is from vigilantes. This is why he was whisked away, a day previous to the date of his release to some secret safe house. Authorities let it be known that he has been taught tailoring from which he can earn at least Rs 20000 a year to start with.

Hopefully on his release he looks for a sewing machine not someone to continue what beastly and heinous act he perpetrated on Nirbhaya alias Jyoti Singh. Her mother rightly said after hearing the Delhi High Court ruling that ‘crime has won’.

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