Delhi High Court refuses to stay release of juvenile convict in December 16 gang rape

The Delhi High Court refused to stay the release of the juvenile convicted in the December 16 rape case, now known as the ‘Nirbhaya’ incident.
A Division Bench of Chief Justice G Rohini and Jayant Nath J. said that as per the provisions of the Juvenile Justice Act, the maximum amount of time that can be spent in the special home is three years.
Since the juvenile would be completing this time period on December 20, 2015, the Bench held that ‘no direction could be issued to his stay in the Special Home beyond 20.12.2015’.
However, acting on the plea filed by Dr. Subramanian Swamy and taking into account the concerns expressed by him during the course of proceedings, the Court passed certain directions to facilitate the rehabilitation of the convict once he is released.