Plea in SC alleges custodial torture, sexual assault of minor by Gujarat Police; Seeks SIT/CBI probe
New Delhi: A writ petition has been filed in the Supreme Court alleging custodial torture and sexual assault of a 17-year-old boy by police personnel in Gujarat’s Botad district. The petition, moved under Article 32, seeks a court-monitored probe by a Special Investigation Team (SIT) comprising officers outside the Gujarat cadre, or in the alternative, an inquiry by the Central Bureau of Investigation (CBI).
Advocate Rohin Bhatt, appearing for the petitioner, mentioned the matter before a bench of Chief Justice of India B.R. Gavai and Justice K. Vinod Chandran. He submitted that the minor was illegally detained, tortured, and subjected to sexual assault in police custody. The counsel further requested the constitution of a medical board at AIIMS, New Delhi, given the boy’s critical medical condition.
According to the plea, the boy was picked up on suspicion of theft of gold and cash and was illegally confined from August 19 to August 28, 2025. During this period, he was allegedly beaten by four to six officers at the Botad Town Police Station and sexually assaulted. The petition highlights that he was not produced before the Juvenile Justice Board or a Magistrate within 24 hours, nor was a medical examination conducted at the time of arrest.
It was further alleged that the petitioner’s grandfather was also subjected to custodial torture after being detained on August 21, and released only on September 1. On the same day, the police informed the family that the minor required urgent medical attention. He was then shifted to Zydus Hospital in Ahmedabad, where he is currently undergoing dialysis due to kidney damage and remains in the Intensive Care Unit (ICU).
The plea raises concerns that the family was forced to sign documents under duress, falsely recording that the boy sustained injuries in a bicycle accident. It also states that while the minor was in the ICU, individuals claiming to be from the Magistrate’s office obtained his signatures on certain documents.
The petitioner has sought multiple reliefs, including registration of an FIR under the Bharatiya Nyaya Sanhita, POCSO Act, and Juvenile Justice Act, preservation of CCTV footage from the police station, immediate production of medical records, financial aid for treatment, compensation for custodial torture, and arrest of the errant police officers.
The matter has been listed for hearing on September 15.
The petition was drafted by Advocates Rohin Bhatt and Panistha Bhatt and filed through Advocate-on-Record Paras Nath Singh.
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Ordinance issued to increase number of Supreme Court judges from 34 to 38
New Delhi (PTI): The government has promulgated an ordinance to increase the strength of the Supreme Court from the present 34 judges to 38, including the Chief Justice of India.
The law ministry notified the ordinance on Saturday, which amended the Supreme Court (Number of Judges) Act, 1956, to increase the sanctioned strength of the top court.
So far, the sanctioned strength of the top court was 34, including the Chief Justice of India (CJI). Now, the number of judges has been increased by four, taking the sanctioned strength to 38.
The top court will now have 37 judges, other than the CJI.
With the apex court having two vacancies at present, and the ordinance coming into force immediately, the Supreme Court Collegium will now have to recommend six names for appointment as judges in the top court.
A bill will be brought in the Monsoon Session of Parliament to convert the ordinance – an executive order – into a law passed by Parliament.
The Union Cabinet had cleared a draft bill on May 5 to increase the number of apex court judges.
The strength of the Supreme Court was last increased from 30 to 33 (excluding the CJI) in 2019.
The Supreme Court (Number of Judges) Act, as originally enacted in 1956, put the maximum number of judges (excluding the CJI) at 10.
This number was increased to 13 by the Supreme Court (Number of Judges), Amendment Act, 1960, and to 17 by another amendment to the law.
The Supreme Court (Number of Judges) Amendment Act, 1986, augmented the strength of judges from 17 to 25, excluding the CJI.
A fresh amendment in 2009 further increased the strength from 25 to 30.
Article 124(3) of the Constitution lists the qualifications required to become a Supreme Court judge.
An Indian citizen who has either served as a high court judge for at least five years, or as an advocate for 10 years, or is a distinguished jurist, can be appointed to the top court.
The strength of the Supreme Court is increased based on the recommendations of the CJI, who writes to the Union law minister. After consulting the finance ministry, the Department of Justice under the law ministry moves the Cabinet with a draft bill.
