SC agrees to hear plea alleging minor's sexual assault, torture by Gujarat police

The Supreme Court on Friday scheduled 15 September to hear a petition alleging the sexual assault and custodial torture of a 17-year-old boy by Gujarat Police.

The matter was mentioned for urgent consideration before a bench of Chief Justice of India B.R. Gavai and Justice K. Vinod Chandran. The plea, filed by the sister of the alleged victim, demanded the formation of a Special Investigation Team (SIT) to probe the case, provided that no officer from the Gujarat police cadre is included. The petitioners further requested that the investigation be conducted under the direct oversight of the Supreme Court itself.

As an alternative measure, the petitioner sought a probe by the Central Bureau of Investigation (CBI), to be monitored by the court.

“This is an Article 32 petition. The petitioner’s minor brother was picked up by the police, tortured in custody, and sexually assaulted — sticks were inserted into his anus. We are praying for the urgent constitution of a medical board by AIIMS Delhi,” advocate Rohin Bhatt submitted before the bench, pressing for an immediate hearing.

CJI Gavai responded, “Will list it for hearing on Monday,” thereby fixing the matter for 15 September.

According to the petition, the teenager was detained by police from Botad town in Gujarat on suspicion of involvement in a theft of gold and cash. It alleged that he was held in unlawful custody from 19 to 28 August, during which time he was subjected to brutal beatings and sexual assault inside the police station.

The plea further accused the police of multiple legal violations, including the failure to produce the boy before either the Juvenile Justice Board or a magistrate within 24 hours of detention — a mandatory requirement under the law. It also alleged that no medical examination was conducted following his arrest, another breach of procedure.

In light of these allegations, the petition urged that an FIR be registered under the Bharatiya Nyaya Sanhita (BNS), the Protection of Children from Sexual Offences (POCSO) Act, the Juvenile Justice (Care and Protection of Children) Act, as well as any other applicable laws, to investigate what it described as “custodial torture and sexual violence” inflicted on the minor.

The petition also called on the authorities to preserve all CCTV recordings from Botad Town police station for August and September, and to ensure that these are placed on the Supreme Court’s record. In addition, the plea sought an order compelling the state police to submit the boy’s medical records.

“Issue an appropriate writ, order, or direction directing the All India Institute of Medical Sciences (AIIMS), New Delhi, to constitute a medical board and provide a report to this Hon’ble Court on the nature and extent of injuries sustained by the petitioner’s minor brother,” the plea stated.

Beyond accountability for the alleged assault, the petition urged the court to direct the state to provide adequate financial support for the boy’s medical treatment and psychological counselling, and to award suitable compensation.

The case highlights recurring concerns about custodial abuse in India, particularly with respect to minors, where laws such as the Juvenile Justice Act are designed to afford additional safeguards. The Supreme Court’s intervention will determine whether the investigation remains with the state police or is shifted to a Central, court-monitored body.

With PTI inputs