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IN THE HIGH COURT OF DELHI AT NEW DELHI

W.P.(C) 11511/2015 & C.M.No.30441/2015 (stay)

DR. SUBRAMANIAN SWAMY

..... Petitioner

Versus
RAJU THROUGH: JUVENILE
JUSTICE BOARD & ORS.

..... Respondents

Counsel for the petitioner:

Petitioner in person.
Counsel for the respondents: Mr.Sanjay Jain, ASG with Mr.Jasmeet
Singh, CGSC, Ms.Ragini Singh,
Ms.Rajul Jain, Mr.Sarfaraz Ahmad,
Mr.Srivats, Advs. for UOI.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE JAYANT NATH
ORDER
18.12.2015

%
:

Ms.G.ROHINI, CHIEF JUSTICE

1.

The issue "whether a juvenile in conflict with law, who is found to have

committed an offence and sent to Special Home by Juvenile Justice Board, can
be released on expiry of the period of stay ordered without ascertaining the
factum of reformation that is necessary for his social reintergration" is sought
to be espoused in this petition filed as Public Interest Litigation.
2.

Section 15 of the Juvenile Justice (Care & Protection of Children) Act,

2000 (for short 'the Act') provides for orders that may be passed by the Juvenile

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Justice Board regarding a juvenile who has committed an offence. The most
stringent of the orders that can be passed under Section 15 is directing the
juvenile to be sent to a Special Home for a maximum period of three years.
3.

Contending that the scheme of the Act is silent about the mechanism to

ascertain the reformation of the juveniles sent to the Special Home,

particularly, the juveniles who had committed heinous crimes like rape, before
releasing them from the Special Home and apprehending that release of such
juveniles at the end of the stay in the Special Home would be a menace to the
society, the present petition is filed seeking a writ, order or direction:
(a) laying down an authoritative interpretation of Sections 15
and 16 of the Act, so as to supply the lacuna therein; and
(b) to pass an order that such unreformed juvenile not be
released until it is demonstrably assured that he has reformed,
ceased to be radicalised and is not a menace to society.
4.

So far as the facts of the case are concerned, it is alleged in the petition

that the respondent No.1 herein, who was convicted in Nirbhaya gang rape
case, continues to be unreformed and indeed has become radicalised by
association with another juvenile convicted for his involvement in Delhi High
Court blast case on 07.09.2011, during his stay in Special Home.
5.

Pointing out that the object of the Act is to provide for care, protection,

development and rehabilitation of neglected and delinquent juveniles, it is

submitted by Dr. Subramanian Swamy, the petitioner appearing in person, that
the respondent No.1, who has committed a serious crime of brutal gang rape

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cannot be released until it is demonstrably assured that he has reformed during

his stay in Special Home.
6.

Since the three years of the incarceration of the respondent No.1 expires

on 20.12.2015, the petitioner seeks an interim direction to continue the

incarceration of the respondent No.1 during the pendency of the present writ
petition or until it is assured that he has demonstrably reformed, ceased to be
radicalised and is not a menace to society.
7.

When the matter came up for admission on 11.12.2015, we passed the

following order:
1. Mr.Jasmeet Singh, the learned Standing Counsel for
Central Government accepted notice for the respondents No.2
and 3. He also undertakes to serve notice on the respondent
No.1 through the Juvenile Justice Board, Delhi. Notice Dasti as
well.
2. The learned standing counsel has placed before this Court
the reports of the Intelligence Bureau relating to the behaviour
of the respondent No.1 during his stay in Special Home. The
same be circulated in a sealed cover for perusal of the Court.
3. Call on 14.12.2015 by which date, the learned standing
counsel shall take instructions as to the measures if any taken
by the Management Committee regarding the post release
follow up of the respondent No.1 as provided under Rule 55 of
the Juvenile Justice (Care and Protection of Children) Rules,
2007.
A copy of the order be given dasti under the signature of
the Court Master.

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8.

On 14.12.2015, Shri Sanjay Jain, the learned ASG has appeared on

behalf of the respondents 2 & 3 and placed before this court the letter received
from the Additional Director, Department of Women and Child Development,
Government of NCT of Delhi dated 12.12.2015 wherein the Ministry of Home
Affairs has been informed that the respondent No.1 who has now turned an
adult after passage of his stay in place of safety after completing the sentence
awarded to him by the Juvenile Justice Board has been regularly counselled by
the Counsellors of Mental Health Unit. The details of the vocational skills
imparted to the respondent No.1 have been furnished and the proposed
rehabilitation plan has also been indicated. The learned ASG has also produced
the Individual Care Plan of the respondent No.1 that was maintained at the
Special Home in terms of Rules 50(12), 54(1)(o) and 87(1)(k) of the Juvenile
Justice (Care and Protection of Children) Rules, 2007.
9.

Shri Sanjay Jain, the learned ASG, however, would submit that the stay

of the respondent No.1 in the Special Home needs to be extended since there is
no material to establish the mental state of the respondent No.1, more
particularly, in the absence of any specific proposal for his post-release
rehabilitation as required under the statutory rules.
10.

Though we have directed notice to the respondent No.1 through the

Juvenile Justice Board, none appeared on behalf of the respondent No.1 to

enable us to ascertain the views of the respondent No.1 regarding his social
mainstreaming.

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11.

Be that as it may, having regard to the fact that the maximum stay that

can be directed in the Special Home under Section 15(1) of the Act is three
years and that the respondent No.1 would be completing the period of three
years by 20.12.2015, there cannot be any direction to continue his stay in the
Special Home beyond 20.12.2015. Hence, we decline to issue any direction as
prayed by the petitioner.
12.

However, we have observed that the Juvenile Justice (Care & Protection

of Children) Rules, 2007 contain various provisions regarding post-release

follow up and post-release rehabilitation programme of the juveniles after
release from Special Home.
13.

Rule 17(3) provides that the release shall be as per the pre-release and

post-release plan prepared under the Individual Care Plan and reviewed from
time to time by the Management Committee set up under Rule 55. Rule 50(12)
provides for developing an individual care plan with the ultimate aim of the
child being rehabilitated and reintegrated based on their case history,
circumstances and individual needs. Such individual care plan specifically
needs consultation with the concerned juvenile while determining his care plan.
Rule 55 makes it mandatory for the Management Committee to consider and
review periodically post-release or post restoration follow up. Rule 65 also
provides for a detailed procedure of restoration of the juvenile back to the family
and the follow-up action by the Juvenile Justice Board. It also includes when a
juvenile expresses his unwillingness to be restored back to the family, the Board
shall make a note of it in its records in writing and such juvenile shall not be

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coerced or persuaded to go back to the family, particularly, if the social

investigation report of the Child Welfare Officer or Probation Officer establishes
that restoration to family may not be in the best interest of the juvenile or if the
parents or the guardians refuse to accept the juvenile back. The said Rule also
provides for submitting a quarterly follow-up report to the JJB by the concerned
Child Welfare Officer or Probation Officer or the non-governmental organization
for a period of two years. The follow-up report shall clearly state the situation of
the juvenile post restoration and the juveniles needs to be met by the State
Government in order to reduce further vulnerability of the juvenile.
14.

In the light of the above-noticed statutory provisions, we direct that the

Juvenile Justice Board-II, Delhi shall interact with the respondent No.1, his
parents/guardians as well as the concerned officials of the Department of Women
and Child Development, Govt. of NCT of Delhi regarding the post-release
rehabilitation and social mainstreaming of the respondent No.1 and pass
appropriate orders in accordance with the provisions of the Act and Rules.
15.

Since we are of the view that the legal issue raised in the main writ petition,

i.e., the need for ascertaining the factum of reformation of the juveniles in conflict
with law before they are released from the Special Home on expiry of the period
of stay ordered by the Juvenile Justice Board, is a larger issue of public
importance which requires deeper consideration, we direct the respondents 2 and
3 to file their response within eight weeks from today. We also consider it
appropriate to implead the Govt. of NCT of Delhi, Department of Women and
Child Development as respondent No.4 to this petition. Notice be issued to Govt.
of NCT of Delhi, Department of Women and Child Development/respondent
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No.4, who shall also file the necessary response within the time mentioned above.
The amended memo of parties be filed by the petitioner within one week from
today.
16.

CM No.30441/2015 shall stand disposed of in terms of the directions in

Para 14 (supra).
17.

The main petition be listed on 28.03.2016.

CHIEF JUSTICE

JAYANT NATH, J
DECEMBER 18, 2015/kks

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