Custodial Torture| SC agrees to hear plea against Gujarat Police for assault of 17 yr old labourer

The Supreme Court today agreed to hear a petition filed by the brother of a minor who was brutally tortured in police custody by several officers of Botad Town Police Station in State of Gujarat.

A mentioning was made today before a bench of CJI BR Gavai and Justice Vinod K Chandran which agreed to hear the petition seeking constitution of a court-monitored Special Investigation Team (SIT) or, in the alternative, an investigation by the Central Bureau of Investigation (CBI) under the supervision of the Court. The plea also seeks counselling services and compensation for the minor boy.

CJI Gavai has listed the case for hearing on Monday September 15, 2025.

As per the petition, the minor boy was apprehended last month by officials of Botad Town Police Station at a fair in the district on allegations of theft of gold and cash. From August 19 to 28, while in illegal custody, the minor 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. On August 21, the minor's grandfather was also apprehended by the police and subjected to custodial torture and physical assault by the police.

"In gross violation of established arrest procedures and the law laid down by this Hon’ble Court in numerous judgments, the Petitioner’s brother, a minor, was neither produced before the Juvenile Justice Board nor a Magistrate within 24 hours of his arrest. Furthermore, the police failed to conduct a medical examination of the minor upon his arrest", the plea adds.

Court has been further told that while the minor boy was admitted to a local hospital in Botad on September 1, where he received treatment for injuries sustained, no details regarding his admission or medical treatment have been provided to any family member till the time of filing this petition.

"The Petitioner’s uncle requested a toxicology report to determine the precise cause of the Petitioner’s minor brother’s condition. However, the doctors at Zydus Hospital have refused to provide any report whatsoever to the family. The Petitioner’s brother is currently undergoing dialysis due to kidney damage resulting from the brutal assault sustained in custody. He also suffered from a temporary loss of eyesight and a seizure resulting in bowel incontinence. At the time of filing this Petition, the Petitioner’s brother is in the Intensive Care Unit (ICU) of Zydus Hospital in Ahmedabad. The uncle of the Petitioner remains with her minor brother at Zydus Hospital and continues to look after his medical care..", the court has further been told.

Furthermore, as per the petition while the child was in ICU, some individuals claiming to be from the Magistrate’s office obtained the minor’s signatures on certain documents. The minor’s family was also asked to sign documents stating that the child had fallen off a bicycle, which have been said to be signed under duress, as the police officers informed the family that signing was necessary if they wanted their child to be released in the theft proceedings.

In a response to such acts of the police, top court has been informed that, Minority Coordination Committee, Gujarat, an NGO, is stated to have submitted a representation to the Director General of Police through its Convener, demanding the immediate suspension of the errant police officials, the registration of an F.I.R. regarding the incident, and other reliefs, on which action has been taken by the State.

Accordingly, a direction for a First Information Report (FIR) under the relevant provisions of the Bharatiya Nyaya Sanhita (BNS), 2023; the Protection of Children from Sexual Offences (POCSO) Act; the Juvenile Justice (Care and Protection of Children) Act, 2015; and/or any other law in force, to investigate into the custodial torture and sexual violence meted out to the minor boy has been prayed for.

The following prayers have also been made:

1. A direction to immediately preserve all CCTV footage for the months of August and September at the Botad Town Police Station and place the same on record for the perusal of the Court;
2. A direction to immediately produce all medical records of the minor from Botad Hospital and Zydus Hospital, Ahmedabad;
3. An order directing the All India Institute of Medical Sciences (AIIMS), New Delhi, to constitute a medical board and provide a report to the Supreme Court on the nature and extent of injuries sustained by the minor;
4. To ensure sufficient financial aid is provided to the minor for adequate counselling and medical services
5. A direction to award exemplary compensation to the minor and his grandfather for the custodial torture suffered by them.

The petition has been drafted by Advocates Rohin Bhatt and Panistha Bhatt and filed by Advocate Paras Nath Singh.