We sympathise but move Gujarat HC: Supreme Court on plea alleging custodial torture of minor

The Supreme Court on Monday refused to entertain a plea seeking a probe by the Central Bureau of Investigation (CBI) or a Special Investigation Team (SIT) into allegations that a 17-year-old boy from Gujarat was illegally detained and tortured in police custody at the Botad Town Police Station..The plea was filed by the teenager's sister, who claimed that he was illegally detained by the Botad Police, beaten and sexually assaulted in police custody.A Bench of Justices Vikram Nath and Sandeep Mehta said that though the Court sympathised with the victim’s condition, the petitioner should first approach the Gujarat High Court for relief. “We have sympathies, but you must approach the High Court,” the Bench remarked, before allowing the petitioner to withdraw the plea. .Advocate Rohin Bhatt, appearing for the petitioner, argued today that the Supreme Court was approached directly because of certain prayers made in the petition, including a plea to direct the All India Institute of Medical Sciences (AIIMS), New Delhi, to constitute a medical board and submit a report on the injuries suffered by the minor. Justice Vikram Nath, however, questioned why the High Court could not have granted such relief.Bhatt responded that while such relief could be granted by the High Court under Article 226(2) of the Constitution, the issue went beyond the individual case as it involved pan-India implications of minors being picked up and tortured."High Court could have granted under 226(2), but the issue is this—beyond this case, there are pan-Indian implications of minors being picked up and tortured," he submitted.Justice Sandeep Mehta then asked how many incidents were cited in the petition. Bhatt replied that only two incidents had been detailed.Recording the submissions, the Court declined to entertain the petition and allowed the petitioner to withdraw it."Petitioner is permitted to withdraw this petition under Article 32 of Constitution of India with liberty to approach the jurisdictional High Court for appropriate remedies," the Court ordered..The plea before the Court alleged that the victim (petitioner's brother) was illegally detained by Botad Town Police in August 2025 on theft charges. Between August 19 and 28, he was allegedly subjected to brutal custodial torture, beaten by multiple police officers, and sexually assaulted through the insertion of sticks into his anus. It was further alleged that despite being a minor, he was neither produced before the Juvenile Justice Board nor a magistrate within 24 hours of his arrest. The petitioner sought the registration of a First Information Report under the Bharatiya Nyaya Sanhita, 2023, the Protection of Children from Sexual Offences Act (POCSO Act) and the Juvenile Justice (Care and Protection of Children) Act, 2015, to ensure a thorough investigation into the alleged custodial torture. She also requested the formation of an SIT comprising officers from outside the Gujarat Cadre to probe the allegations, or alternatively, have the probe into the case be handled by the CBI under the supervision of the Court.The plea further sought adequate financial assistance to facilitate counselling and medical services for the minor victim and prayed for the award of exemplary compensation to the minor and his grandfather for the suffering endured.Additionally, the petitioner prayed for measures to ensure the protection and safety of herself, her brother, and their family members.