Did the SC Ignore Allegations of Custodial Torture and Sexual Assault of a Minor in Gujarat’s Botad?

New Delhi, Sep 15 (NationPress) The Supreme Court on Monday dismissed a petition that claimed custodial torture and sexual assault of a 17-year-old boy by officials of the Botad Town Police Station in Gujarat.

A panel of Justices Vikram Nath and Sandeep Mehta inquired why the minor’s sister should not seek relief from the Gujarat High Court through a writ petition.

When the counsel mentioned that one of the requests was for AIIMS Delhi to examine the boy and provide a report to the Supreme Court regarding the nature and extent of his injuries, the bench responded, "Couldn't the (Gujarat) High Court have issued such an order?"

The apex court was not convinced by the argument that the petition had nationwide ramifications concerning minors being taken into custody and tortured by police.

"How many instances have you referenced in your petition?" the court questioned the counsel for the petitioner.

After this, the counsel requested to withdraw the petition.

"The petitioner is granted permission to withdraw this petition filed under Article 32 of the Constitution of India, with the right to approach the appropriate High Court for suitable remedies," the bench ruled.

Last week, Chief Justice of India (CJI) B.R. Gavai ordered the matter to be listed for hearing on Monday (September 15) after it was brought up for urgent consideration. According to the writ petition submitted by the minor’s sister, the boy was taken into custody by the police on August 19 over theft allegations involving gold and cash. Instead of being presented before the Juvenile Justice Board or a magistrate within 24 hours, he was unlawfully detained and tortured for nearly ten days, the petition alleged.

"While in illegal custody, the petitioner’s brother faced severe beatings from four to six police officers at the Botad Town Police Station and was subjected to sexual assault through the insertion of sticks into his anus," the petition revealed.

Furthermore, the plea indicated that the police neglected to conduct a required medical examination and coerced family members into signing false statements claiming the child had fallen off a bicycle.

The boy was subsequently admitted to Zydus Hospital in Ahmedabad, where he remains in the ICU undergoing dialysis due to kidney damage allegedly inflicted by the custodial abuse. He has also experienced temporary blindness, seizures, and bowel incontinence.

The petition characterized his condition as a severe infringement of fundamental rights, including the right to live with dignity, personal liberty, and life. The plea requested the establishment of a court-monitored Special Investigation Team (SIT) or, alternatively, an investigation by the Central Bureau of Investigation (CBI) under the supervision of the Supreme Court.