The family of a Muslim minor from Botad, Gujarat, has approached the Gujarat High Court for justice after the Supreme Court redirected their case concerning alleged custodial torture. The petition is set to be heard on Monday, October 6.
The 17-year-old boy was detained by Botad police last month on suspicions of theft. His family claims he was unlawfully held for over 10 days, during which he was allegedly beaten, threatened with sexual assault, and subjected to electric shocks, while being denied food and water.
He was later admitted to Zydus Hospital in Ahmedabad in critical condition and is now recuperating at home. His reported injuries include kidney failure, seizures, temporary loss of eyesight, and severe mental trauma, as detailed in the petition.
“My brother was taken in for no crime, beaten mercilessly, and left fighting for his life. We want justice and accountability,” asserted his sister, who filed the petition.
The family is seeking a court-monitored investigation by either a special investigation team or the Central Bureau of Investigation, as well as compensation and strict disciplinary measures against the police officers involved. They also request counseling and protection for the minor.
Advocates Rohin Bhatt, Maharshi H. Patel, and Priyanka V. Limbachiya, who represent the petitioner, argue that the case reveals significant violations of the Juvenile Justice (Care and Protection of Children) Act, 2015. This law mandates that minors must be placed under a child welfare officer’s supervision and produced before a Juvenile Justice Board within 24 hours of detention.
However, the petition alleges the boy was kept in a police lock-up and tortured, contravening the rulings established by the Supreme Court in cases such as D.K. Basu v. West Bengal and Munshi Singh Gautam v. State of Madhya Pradesh, which assert that custodial violence is a violation of fundamental rights. Additionally, it claims the police disregarded the Arnesh Kumar guidelines concerning arrests, rendering the detention illegal under the Bharatiya Nyaya Sanhita, 2023.
“Every child has a fundamental right to life, and the State has a duty to protect it. Arbitrary actions like this damage public trust in the justice system and send a harmful message to law enforcement that they are above the law,” stated Bhatt.
He further emphasized that unchecked police excesses and mistreatment of detainees pose a significant threat to the justice system, potentially leading to chaos and authoritarianism.
The petition, encompassing more than 300 pages, concludes that the judiciary must address such matters with “seriousness and sensitivity” to maintain public faith in legal institutions.
Tags: Muslim minor, police custody, Gujarat High Court, family moves, alleged beating
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