The Supreme Court of India.
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New Delhi: The Supreme Court on Monday refused to examine and pass orders on a plea alleging sexual assault and custodial torture of a 17-year-old boy by Gujarat Police and asked the petitioner to move the Gujarat High Court, saying, "we have all sympathies for you".
A bench of Justices Vikram Nath and Sandeep Mehta refused to consider and pass any order in the plea filed by the petitioner -- sister of the victim.
The court asked the lawyer appearing for her to approach the Gujarat High Court for relief in the case.
"We have all sympathies for you but why you (petitioner, sister) did not approach the high court," the bench asked the lawyer.
The plea alleged sexual assault and custodial torture of the 17-year-old boy by Gujarat Police and sought a CBI or SIT probe into the entire case.
Rohin Bhatt, lawyer for the sister of the victim, sought a direction from the top court to set up a court monitored SIT (Special Investigation Team) or CBI probe, which does not include Gujarat cadre police into the matter.
The petition, filed by the boy's sister, claimed that the minor boy was apprehended last month by officials of Botad Town Police Station at a fair in the district on allegations of theft of gold and cash.
"From August 19 to 28, while in the illegal custody, the minor was brutally beaten by four to six police officers at Botad Town Police Station and subjected to sexual assault through the insertion of sticks into his anus," the plea alleged.
"He was neither produced before the Juvenile Justice Board nor a Magistrate within 24 hours of his arrest. Furthermore, the police failed to conduct a medical examination of the minor upon his arrest," the plea claimed.
It alleged gross violation of the established arrest procedures and the law laid down by this court in numerous judgments.
The court was earlier informed that the minor boy was admitted to a local hospital in Botad on September 1, where he received treatment for injuries sustained, but no details regarding his admission or medical treatment have been provided to any family member till the time of filing this petition.