Institute of Legal and Management Studies

A writ petition has been filed in the Supreme Court alleging sexual assault and custodial torture by the Gujarat Police on a 17-year-old boy. The petition seeks the constitution of an SIT or CBI investigation into the incident.

Advocate Rohin Bhatt mentioned before the bench of CJI BR Gavai and Justice K Vinod Chandran that a writ petition under Article 32 has been filed against the alleged police brutality and sexual assault on the petitioner's minor brother.

He added that the plea seeks the urgent constitution of a medical board of AIIMS doctors, considering that the minor is in a critical condition.

The Counsel said: "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."

Though the Counsel pressed for hearing the matter today, the bench agreed to list the matter for Monday, September 15.

As per the petition, filed by the boy's sister, he 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.

The petitioner alleged that from 19.08.2025 to 28.08.2025, while in illegal custody, the petitioner's brother was brutally beaten by four to six police officers at Botad Town Police Station and subjected to sexual assault. It was alleged that he was neither produced before the Juvenile Justice Board nor a Magistrate within 24 hours of his arrest. Furthermore, the police failed to conduct a medical examination of the minor upon his arrest."

The grandfather of the petitioner was subsequently picked up on August 21 and was also allegedly subjected to custodial torture and released on September 1.

On September 1, the police reached out to 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 uncle of the petitioner then transferred the boy to Zydus Hospital in Ahmedabad.

The plea states that the doctors at the Zydus Hospital have refused to disclose relevant details to the minor's uncle. It states :

" 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 further highlights that while the minor was in the ICU, his signatures were taken by certain individuals claiming to be from the Magistrate's office on few documents. The minor's family was also made to sign documents under duress, stating that the minor 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, the registration of an F.I.R. regarding the incident, however no action has been taken by the authorities so far.

The petitioner seeks the following reliefs :

a) Issue an appropriate writ, order, or direction directing the Respondent-State to forthwith register a First Information Report (FIR) under the relevant provisions of the Bharatiya Nyaya Sanhita (BNS), 2023; the Protection of Children from Sexual Offences (POCSO) Act; the Juvenile Justice (Care and Protection of Children) Act, 2015; and/or any other law in force, to investigate into the custodial torture and sexual violence meted out to the Petitioner's brother;

b) Direct the formation of a Special Investigation Team (SIT), consisting of officers outside the Gujarat Cadre, under the supervision of the Supreme Court to inquire into the custodial torture of the Petitioner's minor brother; or, in the alternative, direct the Central Bureau of Investigation to investigate, under the supervision of the Court, the custodial violence, torture, and sexual violence meted out to the Petitioner's brother;

c) Direct the police to immediately preserve all CCTV footage for the months of August and September at the Botad Town Police Station and place the same on record for the perusal of this Hon'ble Court

d) Direct to immediately produce all medical records of the Petitioner's minor brother from Botad Hospital and Zydus Hospital, Ahmedabad;

e) Direct 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;

f) Direct to the State to ensure sufficient financial aid is provided to the Petitioner's brother to ensure adequate counselling and medical services are available to the minor;

g) Award exemplary compensation to the Petitioner's minor brother and her grandfather for the custodial torture suffered by them;

h) Directions for the arrest of the accused police personnel;

i) Directions for the protection and safety of the Petitioner, her minor brother, and their family members;

The petition was drafted by Advocates Rohin Bhatt and Panistha Bhatt, and filed through Advocate-on-Record Paras Nath Singh.