New Delhi, Sep 15 The Supreme Court on Monday refused to entertain a petition alleging custodial torture and sexual assault of a 17-year-old boy by officials of the Botad Town Police Station in Gujarat.
A bench of Justices Vikram Nath and Sandeep Mehta asked the petitioner’s counsel why the minor’s sister should not approach the Gujarat High Court with a writ petition.
As the counsel said that one of the prayers sought a direction to AIIMS Delhi to examine the minor and submit a report to the Supreme Court on the nature and extent of his injuries, the bench remarked: "The (Gujarat) High Court could not have granted this?"
The apex court remained unimpressed with the submission that the petition had pan-India implications regarding minors being picked up and tortured in police custody.
"How many incidents have you cited in the petition?" it questioned the petitioner’s counsel.
Following this, the counsel sought permission to withdraw the petition.
"Petitioner is permitted to withdraw this petition filed under Article 32 of the Constitution of India with liberty to approach the jurisdictional High Court for appropriate remedies," the bench ordered.
Last week, Chief Justice of India (CJI) B.R. Gavai directed that the matter be listed for hearing on Monday (September 15) after it was mentioned for urgent listing. As per the writ petition filed by the minor’s sister, the boy was picked up by the police on August 19 over allegations of theft of gold and cash. Instead of being produced before the Juvenile Justice Board or a magistrate within 24 hours, he was illegally detained and tortured for nearly 10 days, claimed the petition.
"While in illegal custody, the petitioner’s brother was brutally beaten by four to six police officers at Botad Town Police Station and subjected to sexual assault through the insertion of sticks into his anus," it stated.
The plea further stated that the police failed to conduct a mandatory medical examination and instead pressured family members to sign false statements that the child had fallen off a bicycle.
The boy was later admitted to Zydus Hospital in Ahmedabad, where he remains in the ICU undergoing dialysis due to kidney damage allegedly caused by the custodial assault. He has also suffered temporary loss of eyesight, seizures, and bowel incontinence.
The petition described his condition as an egregious violation of fundamental rights, including the right to live with dignity, personal liberty, and life. The plea sought the constitution of a court-monitored Special Investigation Team (SIT) or, alternatively, a probe by the Central Bureau of Investigation (CBI) under the supervision of the apex court.
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