Custodial violence claim: Minor’s family approaches Gujarat HC
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The family of a 17-year-old Muslim boy from Botad, Gujarat, who was allegedly subjected to custodial torture, has approached the Gujarat High Court after the Supreme Court transferred the case there. The matter is listed for hearing on Monday, October 6.
According to the petition, the teenager had been picked up by Botad police last month on suspicion of theft. His relatives claimed that he was illegally detained for more than 10 days, during which he was beaten, threatened with sexual assault, and given electric shocks, while also being deprived of food and water.
The boy was eventually discharged from Zydus Hospital in Ahmedabad in a critical condition and is currently recovering at home. The petition noted that he had suffered kidney failure, seizures, temporary blindness, and significant psychological trauma.
His sister, who moved the court, alleged that he had been taken into custody without committing any crime, subjected to brutal treatment, and left in a life-threatening state, and she urged the judiciary to ensure justice and accountability, Maktoob Media reported.
The boy’s family has urged the Gujarat High Court to order a court-monitored inquiry by either a special investigation team or the Central Bureau of Investigation. They have also demanded compensation, counselling and protection for the minor, along with strict action against the police personnel allegedly involved.
Representing the petitioner, advocates Rohin Bhatt, Maharshi H. Patel, and Priyanka V. Limbachiya argued that the case illustrates serious violations of the Juvenile Justice (Care and Protection of Children) Act, 2015. Under this law, minors must be placed under the care of a child welfare officer and produced before a Juvenile Justice Board within 24 hours. Instead, the petition pointed out, the boy was unlawfully held in a police lock-up and subjected to torture.
The petition further maintained that the detention breached Supreme Court precedents such as D.K. Basu v. West Bengal and Munshi Singh Gautam v. State of Madhya Pradesh, which held that custodial violence is a violation of fundamental rights. It also alleged that the police ignored the Arnesh Kumar guidelines on arrest, rendering the detention illegal under the Bharatiya Nyaya Sanhita, 2023.
Spanning over 300 pages, the plea concluded that unless the judiciary deals with such incidents with “seriousness and sensitivity,” public confidence in the justice system would suffer.