Institute of Legal and Management Studies

The Supreme Court today refused to entertain a petition seeking probe into the alleged sexual assault and custodial torture of a 17-year-old boy by the Gujarat Police.

A bench of Justices Vikram Nath and Sandeep Mehta dismissed the case as withdrawn, with liberty to the petitioner (minor boy's sister) to approach the concerned High Court. "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", said Justice Nath.

"Our sympathy is with your case, but the proper way is to [first] go to the High Court," added Justice Mehta.

Advocate Rohin Bhatt, appearing for the petitioner, acceded that she would approach the High Court. However, he prayed that in the meantime, the Court pass orders for urgent constitution of a medical board of AIIMS doctors, considering that the minor victim is in a critical condition, as well as for preservation of CCTV footage of the police station. "My concern is this - by the time I go to the High Court, the CCTV footage may be destroyed", said Bhatt.

The bench however was not inclined to pass any such direction. "It won't be destroyed if you go to High Court timely", said Justice Mehta.

To recap, the petition was filed under Article 32 of the Constitution against the alleged police brutality and sexual assault on the petitioner's minor brother. It cited 2 incidents of police brutality on minors and sought investigation by a Special Investigation Team or the CBI.

As per claims, the petitioner's brother was picked by the police official of Botad Town, Botad District in Gujarat, from a fair on the suspicion of theft of gold and cash. From 19.08.2025 to 28.08.2025, while in illegal custody, he was brutally beaten by four to six police officers of the police station and subjected to sexual assault.

The petitioner alleged that her brother was neither produced before the Juvenile Justice Board nor a Magistrate within 24 hours of his arrest. Further, the police failed to conduct a medical examination of the minor upon his arrest. According to the petition, the petitioner's grandfather was also subsequently picked up on August 21 and subjected to custodial torture, before being released on September 1.

On September 1, the police contacted the petitioner's uncle, informing him that the minor boy was infected by an insect bite and had to be taken to a larger city for better medical treatment. The petitioner's uncle then transferred the boy to Zydus Hospital in Ahmedabad, which refused to disclose relevant details about the minor's condition.

"The Petitioner's uncle requested a toxicology report to determine the precise cause of the Petitioner's minor brother's condition. However, the doctors at Zydus Hospital have refused to provide any report whatsoever to the family. The Petitioner's brother is currently undergoing dialysis due to kidney damage resulting from the brutal assault sustained in custody. He also suffered from a temporary loss of eyesight and a seizure resulting in bowel incontinence. At the time of filing this Petition, the Petitioner's brother is in the Intensive Care Unit (ICU) of Zydus Hospital in Ahmedabad. The uncle of the Petitioner remains with her minor brother at Zydus Hospital and continues to look after his medical care" the plea stated.

The plea further highlighted that while the minor was in the ICU, his signatures were taken on a few documents by certain individuals claiming to be from the Magistrate's office. The minor's family was also made to sign documents under duress, stating that he fell from a bicycle and incurred injuries.

An NGO called Minority Coordination Committee submitted a representation to the Director General of Police through its Convener, demanding the immediate suspension of the errant police officials and registration of an FIR regarding the incident, however, no action was taken by the authorities.

Case Title: PINJARA TANJILA ALTAFBHAI Versus STATE OF GUJARAT AND ORS., W.P.(Crl.) No. 371/2025