Gujarat Minor Torture Case: SC Tells Petitioner To Move High Court, FIR filed Against Four Cops

The Supreme Court on Monday declined to entertain a plea alleging custodial torture and sexual assault of a 17-year-old boy by Gujarat Police, advising the petitioner to approach the High Court.

According to PTI, the plea was filed by the sister of the minor, who claimed he was illegally detained and assaulted inside the Botad town police station in August. The petition sought a court-monitored investigation by a Special Investigation Team or the Central Bureau of Investigation, and also requested directions to the All India Institute of Medical Sciences (AIIMS), New Delhi, for a medical report on the boy’s injuries.

A bench of Justices Vikram Nath and Sandeep Mehta said, “We have all sympathies for you but why you did not approach the high court?” The judges reiterated that reliefs sought under Article 226 of the Constitution could have been addressed by the Gujarat High Court. The bench added, “You go to the high court and if the high court does not deal with your matter, you come back. We will consider your request.”

The apex court also declined to pass interim directions for AIIMS or for preservation of CCTV footage from the police station. The petitioner’s counsel had expressed concern that the footage could be destroyed before the matter reached the High Court. “It won’t be destroyed if you go there timely,” the bench observed, allowing the withdrawal of the plea.

Meanwhile, in Gujarat, five persons, including four policemen, have been booked on the basis of the boy’s statement, PTI reported. The FIR was registered at Botad town police station against assistant sub-inspector Ajay Rathod, constables Kaushik Jani, Yogesh Solanki and Kuldeep Singh Vaghela, along with one other individual.

Deputy Superintendent of Police Maharshi Raval said, “The minor was taken to the police station and beaten up. Considering the seriousness of the incident, Botad Superintendent of Police ordered an inquiry.”

The case has been registered under provisions of the Bharatiya Nyaya Sanhita (BNS) for voluntarily causing hurt and wrongful confinement, as well as relevant sections of the Juvenile Justice Act.

According to the FIR, the boy was detained on 19 August on suspicion of theft and assaulted in custody. He was later admitted to a hospital in Botad before being shifted to Ahmedabad, where he continues to receive treatment. The complaint, filed by the minor’s grandfather, also alleged that when he confronted the police, the officers searched his house and took ₹50,000.

The plea before the Supreme Court had further alleged that the boy was never produced before the Juvenile Justice Board or a magistrate within 24 hours of his arrest, nor was any medical examination conducted at the time.

(With inputs from PTI)