The Delhi High Court on Friday refused to stay the release of the juvenile convicted in the 16 December, 2012, gang-rape case.
The convict, who hails from Uttar Pradesh's Badaun area, was 17 when he had committed the crime. He is 20 now and is scheduled to be released from the rehabilitation centre on 20 December, after completing his three-year term.
"We agree it is a serious issue. But after December 20, a juvenile cannot be kept at a special home per law," the court said.
It added that the Juvenile Justice Board should further initiate the convict's rehabilitation plan after speaking with his parents and the Central government, NDTV reported.
The High Court declared the verdict on BJP leader Subramanian Swamy's plea seeking stay on the juvenile convict's release from the correctional home until all aspects, including his mental health and post-release rehabilitation plan, are finalised by the authorities.
Delhi Commission of Women is planning to appeal to the Chief Justice of High Court, the Supreme Court and the President against the release of the juvenile rapist, ANI reported.
Nirbhaya's (the victim) mother Asha Devi was also not happy with the verdict. She said that they have not got justice as a criminal will walk free. "A Criminal is free, we haven't got justice," the mother told reporters.
The parents of Nirbhaya have long been protesting against the release of the juvenile convict as he was reportedly the most brutal of the six assaulters. She had even demanded his name be revealed.
A Criminal is free, we haven't got justice: Nirbhaya's mother after High Court refuses to stop juvenile's release https://t.co/FVQtRvgwny
â€” NDTV (@ndtv) December 18, 2015
Nirbhaya was brutally gang-raped and assaulted with an iron rod on a private moving bus by six men, including the juvenile convictm, on 16 December. She had suffered severe injuries in her abdomen and intestines due to the brutal assault and succumbed to them on 29 December, 2012.
While investigating, the police found out that the juvenile was the most brutal of all the six assaulters.
While the juvenile convict was sent to a reform facility for three years, the other five were sentenced to death, which was upheld by the high court. Of the five adult convicts, one was found dead in Tihar Jail on 11 March. The police suspect it to be a suicide.