SC Refuses To Hear Plea Alleging Minor’s Custodial Torture Asks Petitioner To Move HC

The Supreme Court on Monday refused to entertain a plea alleging sexual assault and custodial torture of a 17-year-old boy by Gujarat police.

The bench advised the petitioner to approach the Gujarat High Court for appropriate relief and assured that if the high court did not act, the matter could be brought back for consideration.

A bench comprising Justices Vikram Nath and Sandeep Mehta expressed sympathy but questioned why the petitioner had not first moved the high court under Article 226. The bench remarked, “We have all sympathies for you but why you did not approach the high court?”

When the petitioner’s lawyer referred to the brutal treatment allegedly inflicted on the minor, the bench reiterated, “Our question is, why could you not approach the high court under (Article) 226?”

The lawyer further mentioned that one of the prayers in the petition sought a direction to the All India Institute of Medical Sciences (AIIMS), New Delhi, to form a medical board and submit a report on the minor’s injuries. The bench responded, “The high court could not have granted this?” The lawyer agreed that such relief could have been sought there.

Wider Concerns Raised But Court Sticks To Procedure

The lawyer highlighted that beyond the present case, there were broader concerns across the country regarding minors being picked up and tortured in police custody. He said, “But the issue is this. Beyond this case, there are larger pan-India implications of minors being picked up and tortured in police custody.”

However, the bench remained firm, stating, “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.”

AIIMS Report & CCTV Footage Requests Denied

The court declined the petitioner’s request to direct AIIMS, New Delhi, to conduct a medical examination and submit a report. The counsel also sought protection for CCTV footage from the Botad police station, expressing concern that the footage might be destroyed before approaching the high court. He said, “Today, my concern is this. By the time I go to the high court, the CCTV footage may be destroyed.”

The bench responded, “It won’t be destroyed if you go there timely,” and allowed the petitioner to withdraw the plea.

Allegations In The Petition

The petition, filed by the minor’s sister, sought relief including the constitution of a special investigation team (SIT) free from Gujarat cadre officers or, alternatively, a court-monitored CBI probe. The petition alleged that the minor was picked up by Botad police on August 18 on suspicion of involvement in theft and was held illegally from August 19 to 28.

It further accused police officers of brutally beating the minor, subjecting him to sexual assault, failing to produce him before a magistrate or Juvenile Justice Board within 24 hours, and neglecting to conduct a medical examination post-arrest.

The plea sought registration of an FIR under relevant sections of the Bharatiya Nyaya Sanhita (BNS), Protection of Children from Sexual Offences (POCSO) Act, Juvenile Justice Act, and other applicable laws to investigate custodial torture and abuse.

The Supreme Court’s decision underscores its preference for procedural correctness and exhausting remedies available at the high court level before invoking its jurisdiction. The petitioner has been directed to approach the Gujarat High Court, with an assurance that the apex court would reconsider if no action is taken.

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