SC to hear plea alleging minor's custodial torture by Gujarat police

New Delhi: The Supreme Court on Friday set September 15 to hear a plea alleging sexual assault and custodial torture of a 17-year-old boy by Gujarat Police.

The plea, which was mentioned before a bench comprising Chief Justice B R Gavai and Justice K Vinod Chandran for urgent hearing, sought reliefs including a direction to set up a SIT, which does not include Gujarat cadre police officers for investigating the incident under the supervision of the apex court.

Alternatively, the plea, filed by the sister of the alleged victim, sought a direction for a court-monitored CBI probe.

“This is an Article 32 petition, the petitioner’s minor brother was picked up by the police, tortured in police custody, sexually assaulted – sticks inserted into his anus, we are praying for urgent constitution of a medical board by AIIMS Delhi,” advocate Rohin Bhatt told the bench and sought the hearing during the day.

“Will list it for hearing on Monday,” the CJI said.

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The plea said the minor was picked up by the police of Botad Town in Gujarat suspecting the role of the boy in the theft of gold and cash.

It alleged he was in illegal custody from August 19 to 28 and was brutally beaten by police officers at the police station and subjected to sexual assault.

The plea claimed the minor boy was neither produced before the Juvenile Justice Board nor a magistrate within 24 hours of his arrest and, moreover, the police failed to conduct his medical examination after arrest.

The plea, therefore, sought an FIR under provisions of the BNS, POCSOAct, the Juvenile Justice (Care and Protection of Children) Act and any other law in force, to “investigate into the custodial torture and sexual violence” meted out to the minor.

Directions were also sought to the authorities to “preserve all CCTV footage for the months of August and September at the Botad Town Police Station” and place it on top court’s record.

The plea further sought the state police to produce medical records of the minor.

“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,” it said.

The plea also sought a direction to ensure that sufficient financial aid to the boy to ensure counselling and medical services aside from seeking appropriate compensation.

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