New Delhi, 15 Sept

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, asking the petitioner to approach the high court.

A bench of Justices Vikram Nath and Sandeep Mehta questioned why the plea was not filed directly in the high court under Article 226. The petitioner’s lawyer said the case involved broader implications of minors being tortured in custody.

The court also declined a request to direct AIIMS, New Delhi, to provide a medical report on the minor’s injuries but allowed withdrawal of the plea, saying it could be reconsidered if the high court does not act.

Filed by the boy’s sister, the plea alleged that the minor was picked up on 18 August in Botad, Gujarat, for suspected involvement in a theft and held illegally from 19 to 28 August. It claimed he was beaten, sexually assaulted, not produced before the Juvenile Justice Board or a magistrate within 24 hours, and not medically examined.

The plea sought a special investigation team excluding the Gujarat police or a court-monitored CBI probe, and preservation of CCTV footage from the police station, citing concerns it could be destroyed before high court intervention.