Release inevitable

                                The Tribune, New Delhi, 26 December 2015

                                                  Release inevitable

In the context of the juvenile convict's release, Article 20(1) provides protection against ex post facto law, ie no person shall be convicted of any offence except for violation of a law in force at the time of the commission of the act charged as an offence, nor he be subjected to a penalty greater than that might have been inflicted under the law in force at the time of the commission of the offence. Thus, legally speaking, the release of the said juvenile offender was inevitable even if some stringent law would have been enacted before his release since no criminal substantive law can be administered retrospectively.  

Dr RAJENDER GOYAL, Bahadurgarh

The original write-up sent to the Tribune reads thus:

There is a sense of revulsion all across that our Parliamentarians have failed to provide justice in Nirbhaya case for want of timely passage of stringent Juvenile Justice Bill 2014 in Rajya Sabha. Hysterical discussions transpired in Electronic Media have left an impression that - had the Rajya Sabha passed the said Bill followed by Presidential assent and Gazette notification before December 20, 2015 ( the day juvenile offender was released) he would have been made to stay in incarceration beyond the maximum period of three years as prescribed in JJ Act of 2000.

 However, it is no gainsaid to emphasize that Article 20(1) of the Constitution provides necessary protection against ex post facto law ie no person shall be convicted of any offence except for violation of a law in force at the time of the commission of the act charged as an offence, nor he be subjected to a penalty greater than that might have been inflicted under the law in force at the time of the commission of the offence. Thus, legally speaking, the release of said juvenile offender was inevitable even if some stringent law would have been enacted before his release since no criminal substantive law can be administered retrospectively.  

Dr RAJENDER GOYAL, Bahadurgarh