SC refuses to hear plea alleging minor's custodial torture, asks petitioner to move HC

The Supreme Court on Monday refused to examine a plea alleging sexual assault and custodial torture of a 17-year-old boy by Gujarat Police and asked the petitioner to move high court.

''We have all sympathies for you but why you did not approach the high court?'' a bench of Justices Vikram Nath and Sandeep Mehta asked the lawyer appearing for the petitioner.

The counsel referred to the brutality allegedly meted out to the minor.

''Our question is, why could you not approach the high court under (Article) 226?'' the bench reiterated.

The lawyer referred to one of the prayers for a direction to the All India Institute of Medical Sciences (AIIMS), New Delhi, to constitute a medical board and provide a report to the court on the nature and extent of injuries sustained by the minor.

''The high court could not have granted this?'' the bench asked, following which the lawyer said the high court could have dealt with the prayer.

Referring to a couple of similar instances, the counsel continued, ''But the issue is this. Beyond this case, there are larger pan-India implications of minors being picked up and tortured in police custody.'' The bench, however, said, ''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.'' The top court also declined the petitioner's request to direct AIIMS, New Delhi, for a report on the injuries sustained by the minor.

The counsel while agreeing to move the high court, requested the apex court to consider ordering the preservation of the CCTV footage of the Botad town police station.

''Today, my concern is this. By the time I go to the high court, the CCTV footage may be destroyed,'' he said.

''It won't be destroyed if you go there timely,'' the bench noted and allowed him to withdraw the plea.

The plea, filed by the sister of the alleged victim, sought reliefs including a direction to set up a special investigation team, which does not include Gujarat cadre police officers, for investigating the incident under the supervision of the apex court.

Alternatively, the plea sought a direction for a court-monitored CBI probe.

The plea claimed the minor was picked up on August 18 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 up by police officers at the police station and subjected to sexual assault.

The plea alleged 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 sought registration of an FIR under provisions of the BNS, POCSO Act, 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.

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