New Delhi, Dec 21 (PTI/Agencies): The Supreme Court on Monday dismissed the plea to stay the release of the 20-year-old who was convicted for the December 16, 2012 gang rape and was released from a remand home on Sunday.
The apex court in its judgement said to DCW: 'We share your concern but under existing law, detention cannot go beyond 3 years'.
The Delhi Commission for Women, Swati Maliwal, had approached the Supreme Court to stay release of the juvenile convict, who is now 20 years old and was known to be the most brutal of the attackers.
"How many more Nirbhayas will we create before we change the system. Nirbhayas rapist should not be released under any circumstances today," Maliwal tweeted.
"SC accepted petition. Matter was listed on Monday as Item No 3. Case subjudice now. Nirbhaya rapist should not be released until case heard," Maliwal said in another tweet.
A vacation bench comprising Justices A K Goel and U U Lalit in their order pronounced at 2 AM on Sunday, posted the matter for hearing on Monday.
The Special Leave Petition filed by DCW against the order of the Delhi High Court, which refused to restrain the release of the convict, was referred by the Chief Justice of India T S Thakur before the vacation bench.
After the order by the court, DCW chairperson and the lawyers of the women's panel hoped that since the matter has become sub judice, the government and Delhi Police will not release the juvenile offender today as scheduled.
The juvenile was moved out of Delhi on Saturday even as distraught parents of the victim strongly kept on opposing his release. The parents were briefly detained by the police after they held a protest against the convict's release.
Sources said that the convict was taken to an undisclosed location from a correction home in North Delhi amid concerns that there was threat to his life.
They said the juvenile has been kept under observation of an NGO under protection of Delhi Police.