Delhi rape: Swamy moves HC for juvenile`s trial
New Delhi: Janata Party President Subramanian Swamy Wednesday moved the Delhi High Court seeking a direction to prosecute the sole juvenile along with five adult accused in the December 16 gang-rape case, saying the waiver from prosecution to such minors was "unreasonable".
"The age of 18 years as the flat cut off waiver in criminal offences is inconsistent with the international conventions and hence, is arbitrary and Wednesbury unreasonable," Swamy told a bench of Chief Justice D Murugesan and Justice V K Jain.
The court disposed of Swamy`s plea saying "there was no cause of action to entertain this PIL at this stage. How can this statute [Juvenile Justice (Care and Protection) Act] be interpreted by us in a PIL. We may do so if we get a reference from the lower court concerned."
The bench, however, gave Swamy the liberty to "take proper recourse" by moving a sessions court if the Juvenile Justice Board does not allow his plea on the issue.
The juvenile is being tried separately by the Juvenile Justice Board. A fast track court has fixed the case for start of day-to-day trial on January 24 against five adult accused in the case.
A 23-year-old paramedic was gang-raped and brutally assaulted by six persons in a moving bus in south Delhi on December 16 and dumped on the road. She died in a Singapore hospital on December 29.
"This crime has not only shocked the conscience of the nation but terrified parents, young boys girls and adults in the country," Swamy said.
The juvenile, who was emotionally and mentally mature, "must be" tried with the other five adults under the IPC, he said.
More from India
More from World
More from Sports
More from Entertaiment
- Dr Subhash Chandra Show: Aspiring for more than what you have!
- Rajasthan: Gujjars revive reservation agitation, block rail track
- J Jayalalithaa sworn-in as Chief Minister of Tamil Nadu
- ISIS to buy first nuclear weapon from Pak?
- Mumbai: CCTV captures assailant with gun at Film City
- Mathura SSP receives death threat letter, message for PM Modi
- BJP now central pole of Indian politics: Arun Jaitley
- Maharashtra FDA sends Maggi noodles for lab testing
- Reservation issue: Police register case against Bainsla, 20 others
- Watch: Fast N Facts @ 7:30pm
- Zee Media exclusive chat with 'Welcome to Karachi' cast
- Haridwar: Hotel Radisson Blu sealed for polluting Ganga
- Zee Media exclusive interview with Haryana CM Manohar Lal Khattar
- Girl in Punjab's Pathankot quit studies for fear of eve-teasing
- Special: Furious over rising water crisis, people take to the streets
- ISIS close to buying nuclear weapon from Pakistan?
- Credibility of Prime Minister's Office restored by BJP, says Arun Jaitley
- IPL 2015 Final: Mumbai Indians vs Chennai Super Kings - Preview
- BJP's plan for one-year celebration: 200 big rallies, 5,000 public meetings
- IPL 2015 Final: MI vs CSK - As it happened...
- IPL 8 Final: We need to be at our best against Mumbai, says Michael Hussey
- Heatwave leaves 153 dead in Telangana, Andhra Pradesh
- Heatwave continues in North India; death toll in Andhra Pradesh, Telangana more than 400
- Heatwave kills 223 in AP, Telangana, Chandrababu Naidu announces compensation; Delhi records hottest day
- 'Tanu Weds Manu Returns' starts on a good note at the Box Office!
- Shocking! 7 veg food items that may actually be non veg
- CBSE 12th Result 2015 to be announced on Monday
- Say hello to 'nastiest' star ever
- CBSE.nic.in 12th XII Results 2015: CBSE Board (cbseresults.nic.in) Class 12th XII Exam Results 2015 to be announced on May 25
- Death threat to PM Narendra Modi ahead of Mathura rally sends police into tizzy