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, directing the petitioner to approach the Gujarat High Court instead.
A bench of Justices Vikram Nath and Sandeep Mehta expressed sympathy for the petitioner but questioned the choice of forum. “We have all sympathies for you, but why did you not approach the high court?” the bench asked, reiterating that reliefs under Article 226 of the Constitution could be sought before the high court.
The petition, filed by the victim’s sister, alleged that the boy was picked up on August 18 by police in Botad town in connection with a theft case and kept in illegal custody from August 19 to 28. It claimed he was subjected to brutal beatings, sexual assault, and was never produced before a magistrate or the Juvenile Justice Board within 24 hours of his detention.
The plea further stated that the police failed to conduct a mandatory medical examination after arrest. It sought registration of an FIR under provisions of the Bharatiya Nyaya Sanhita (BNS), the Protection of Children from Sexual Offences (POCSO) Act, and the Juvenile Justice Act.
The petitioner demanded the constitution of a Special Investigation Team (SIT) excluding Gujarat cadre officers, or alternatively, a court-monitored CBI probe. Another prayer sought a direction to the All India Institute of Medical Sciences (AIIMS), New Delhi, to constitute a medical board and examine the injuries sustained by the minor.
The bench, however, noted that such prayers could also be addressed by the high court. When the counsel argued that the matter had pan-India implications regarding torture of minors in police custody, the court responded, “Go to the high court, and if it does not deal with your matter, you come back. We will consider your request.”
The petitioner also raised concern about the possible destruction of CCTV footage from the Botad police station. The bench replied, “It won’t be destroyed if you go there timely,” before permitting the withdrawal of the petition
