December 16 gangrape: SC allows JJB to deliver verdict involving minor

The Supreme Court on Thursday allowed the Juvenile Justice Board (JJB) to deliver its verdict in the December 16 gangrape-cum-murder case involving a minor.

The apex court, however, admitted a plea seeking fresh interpretation of the term 'juvenile' in the statute on the basis of mental and intellectual maturity of minor offenders instead of the age limit of 18 years while fixing their culpability.

A bench headed by Chief Justice P Sathasivam agreed to hear former MP Subramanian Swamy's plea seeking fresh interpretation of the term 'juvenile' but said the JJB can go ahead with pronouncing the verdict in the case. It also issued notice to the Centre on Swamy's plea.

"We are told at the Bar that in anticipation of our orders in the matter, the Board has deferred further consideration of the proceedings against the first respondent(juvenile). "In the light of the view taken by us that the questions raised by the petitioners require an answer which need not be specific qua the first respondent we make it clear that it is now open for the Board to proceed further in the matter and render such orders, in accordance with law, as may be considered just, adequate and proper," the bench said.

It also turned down Centre's arguments that Swamy's plea is not maintainable. "We are of the view that it would be appropriate for us hold that the petition does not suffer from the vice of absence of locus on the part of the petitioner so as to render the same not maintainable in law.

We, therefore, will proceed to hear the special leave petition on merits and attempt to provide an answer to the several questions raised by the petitioner before us," it said. Earlier, the apex court had said that the JJB be informed not to pronounce its verdict involving the juvenile, who was one of six persons who had allegedly brutally gangraped a 23-year-old girl in a moving bus in New Delhi, till it decides the PIL.

The girl died in a Singapore hospital on December 29. On August 19, the JJB, presided over by Principal Magistrate Geetanjali Goel, had postponed till August 31 the verdict for the fourth time since July 11 on the ground that a PIL had been filed in the Supreme Court.