Can't take away one's right in absence of law : SC on release of youngest convict in Delhi gang-rape case

 "In the absence of any law we can't take away the right of a person. There has to be legislative sanction," the apex court says while giving ruling on the plea filed by the Delhi Commission for Women against the release of the convict.

The convict, now 20, was released on Sunday evening from a correctional home. He was treated as a juvenile as per the existing
law as he was a minor when the crime took place.

But enraged at his release, hundreds of people, including the parents of the victim, Jyoti Singh, staged protests.

'Under what jurisdiction we can detain him?"  the court said. "If anything has to be done, it has to be done according to the law. We have to enforce the law.
Will we not be taking away somebody's right to life guaranteed under Article 21 of the Constitution. There is nothing in the law to provide that," it said.

"We share your concern but under existing law, detention cannot go beyond 3 years," the Supreme Court said.

"If the reformation programme takes 7 or 10 years, can we keep him under detention? Where is the legislative sanction?," it added.

On Friday, the Delhi High Court refused to stay the convict's release, saying he cannot be kept in further detention by law. The court said
he would be monitored by the Juvenile Justice Board with help of an NGO until the Delhi government prepares a post-care plan.

The Centre had also opposed the convict's release. "In principle, the central government opposed the release of the juvenile offender at
this stage," Minister of State for Home Kiren Rijiju has said.

The Delhi Commission for Women said in its petition to the Supreme Court that during his stay in the correctional home, the convict
showed lack of remorse and had been further radicalised.