Introduction
Human rights is one of the cornerstones of any democratic society, but it is still surfacing as a dark reality in India’s policing system. The Supreme Court of India has just faced a sensitive matter involving alleged custodial torture of a 17-year-old boy in Gujrat, at the Botad Town Police Station. While listening to the plea and looking into the sensitive matter, the Supreme Court of India expressed sympathy and directed the petitioner to approach the High Court of Gujrat instead of entertaining the plea directly.
Background
The allegations by the petitioner that a minor was illegally detained, beaten and sexually assaulted while he was in the police custody at the Botad Town Police Station. The boy’s sister moved to the Supreme Court of India urging for the investigation from the investigating body such as Central Bureau of Investigation (CBI) or Special Investigation Team (SIT). The case highlights the serious claims by the petitioner such as abuse of state power and the violation of constitutional rights and it is important to notice by the plea from the petitioner that there is lack of trust in the state police machinery by them.
Supreme Court Stand on the Plea
The Supreme Court of India made it clear that the High Court of Gujarat is the proper jurisdiction of the case at this instance and also refused to interfere directly and the remedies to the issues must be sought in the High Court before escalating to the national Level.
The decision by the Supreme Court of India shows the importance of the judicial Hierarchy in the Indian legal system while listing to the plea and seeing the sensitive matter consisting of custodial torture by police.
Social Impact
The custodial torture is not confined to the Gujarat but represent a systemic challenge across India. There are many victims that do not file abuse against them as there is lack of awareness and fear of police more present in the society. The custodial torture Violates Article 21 of the constitution which guarantees the right to life and personal liberty also the Article 20 prevent citizen from the wrongful arrest.
Conclusion
The Supreme Court of India refusal to entertain the plea of the custodial torture of the minor by the police in Gujrat highlight the importance of judicial hierarchy but also bring serious question to access the justice when there is everything present since the Gujrat High Court have the proper jurisdiction of the case and the court stances is procedurally correct. However, this case raises the question about the custodial torture in India’s Policing system.
About the Author
Tushar Kumar is a final-year BBA-LLB student at Guru Gobind Singh Indraprastha University. With a strong interest in Intellectual Property Rights, he enjoys exploring how law interacts with innovation and creativity. He’s equally passionate about legal writing, Research and believes in making complex legal ideas easier to understand through clear articles. Tushar continues to deepen his understanding of the law while contributing thoughtful pieces on contemporary legal issues.