Delhi Commission of Women Chairperson Swati Maliwal moved the Supreme Court past midnight in a last ditch effort to try and stall the release scheduled for Sunday. The vacation of the Supreme Court agreed to hear the petition but refused to stay the release of the Juvenile.
The DCW petition listed 10 grounds on why the juvenile cannot be released at this juncture and contended he was still a danger to the society.
“We met the Registrar. He said the Chief Justice has assured that it will be heard by a vacation bench of the court. We still don’t know about the timing of the hearing but there will soon be a hearing. We are now going to justice A K Goel’s residence. We are told that he is the vacation bench and the files have been sent to him”, Maliwal told mediapersons outside the Supreme Court
Earlier in the day, the juvenile had been released from the observation home and moved to a safe place on security grounds.
"DCW filing Special Leave Petition in SC tonight. Will go to Judge's house, will try get hearing tonight against Nirbhaya convict's release," Maliwal had tweeted earlier.
The last time the apex court had opened at midnight was on July 30 to hear Mumbai blast death row convict Yakub Memon’s last minute mercy plea.
Questioning the High Court’s refusal to stay the release, Maliwal says in the petition that while the government and courts are bound by the provisions of the Juvenile Justice Act, it is necessary to assess the mental condition of the youth in the larger public interest before his release as he is viewed as a threat to society. “In light of the particularly heinous nature of the crime executed by this boy, the DCW requests your Hon’ble self to kindly intervene in the matter and ensure that the boy be kept in the observation home at least until his mental frame of mind and reformation is properly ascertained,” the DCW chief said in the petition
The petition said the juvenile, who still had no remorse could not be let free till an independent body ascertain his mental state given his criminal bent of mind.
Read the Petition here.