Supreme Court agrees to hear plea alleging minor’s sexual assault, custodial torture by Gujarat police

The Supreme Court on Friday (September 12, 2025) agreed to hear on September 15 a plea alleging sexual assault and custodial torture of a 17-year-old boy by the Gujarat Police.

The petition, mentioned before a Bench of Chief Justice of India (CJI) B.R. Gavai and Justice K. Vinod Chandran, sought the constitution of a Special Investigation Team excluding Gujarat cadre officers. Alternatively, it requested a court-monitored probe by the Central Bureau of Investigation (CBI).

“This is an Article 32 petition. The petitioner’s minor brother was picked up by the police, tortured in custody, and sexually assaulted. We are praying for the urgent constitution of a medical board by AIIMS Delhi,” advocate Rohin Bhatt, representing the sister of the alleged victim, submitted.

“We will list it for hearing on Monday,” the Chief Justice said.

According to the petition, the police of Botad Town in Gujarat picked up the minor on suspicion of involvement in a theft of gold and cash, and kept him in illegal custody between August 19 and 28. During this period, he was allegedly beaten, sexually assaulted, and subjected to custodial violence that left him with kidney damage, temporary loss of eyesight, and a seizure resulting in bowel incontinence.

The plea said the minor was neither produced before the Juvenile Justice Board nor a magistrate within 24 hours of his detention, and no medical examination was conducted upon his arrest, in “gross violation” of established procedures and Supreme Court rulings. Such “egregious” custodial violence, it argued, violated his fundamental rights, including the right to life, liberty, and dignity.

CCTV footage sought

It sought registration of an FIR under the Bharatiya Nyaya Sanhita (BNS), the Protection of Children from Sexual Offences (POCSO) Act, the Juvenile Justice Act, and other relevant laws to investigate the torture and sexual violence. Directions were also sought to preserve CCTV footage from the Botad Town police station for August and September, and to place it on record before the top court.

“Issue an appropriate writ, order, or direction directing the All India Institute of Medical Sciences, 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 urged the court.

The petition also sought a direction to provide sufficient financial aid to the boy for counselling and medical treatment, in addition to appropriate compensation.