Gujarat HC to hear plea in custodial torture case of Muslim minor from Botad
Ahmedabad: The family of a 17-year-old Muslim boy from Botad, Gujarat, who was allegedly subjected to custodial torture, has approached the Gujarat High Court after the Supreme Court redirected the case. The matter is listed for hearing on Monday, October 6.
The minor was detained by Botad police last month on suspicion of theft. His family alleges he was illegally confined for over 10 days, beaten, threatened with sexual assault, subjected to electric shocks, and denied food and water.
He was later admitted to Zydus Hospital in Ahmedabad in critical condition. According to the petition, he suffered kidney failure, seizures, temporary loss of eyesight, and severe mental trauma before being discharged to recover at home.
“My brother was taken in for no crime, beaten mercilessly, and left fighting for his life. We want justice and accountability,” his sister, the petitioner, said.
The plea seeks a court-monitored probe by either a special investigation team or the Central Bureau of Investigation, along with compensation and disciplinary action against the police officers involved. It also demands counselling and protection for the boy.
Represented by advocates Rohin Bhatt, Maharshi H. Patel, and Priyanka V. Limbachiya, the petition argues that the case reflects violations of the Juvenile Justice (Care and Protection of Children) Act, 2015, which mandates that minors be placed under a child welfare officer and produced before a Juvenile Justice Board within 24 hours.
Instead, the petition states, the boy was kept in a lock-up and tortured, contrary to Supreme Court precedents such as D.K. Basu v. State of West Bengal and Munshi Singh Gautam v. State of Madhya Pradesh, which established custodial violence as a violation of fundamental rights. It further cites non-compliance with the Arnesh Kumar guidelines on arrests, making 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 give a wrong message to those in uniform that they are above the law,” advocate Rohin Bhatt told Maktoob.
He added, “Police excesses and maltreatment of detainees are extremely dangerous. If such acts go unchecked, the very foundations of our justice system will be shaken, leading to chaos and authoritarianism.”
The petition, running over 300 pages, concludes that courts must handle such cases with “seriousness and sensitivity” to prevent erosion of public confidence in the judiciary.
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Ex-PM Devegowda warns opposition of electoral losses if they continue to allege 'vote chori'
New Delhi (PTI): Former Prime Minister H D Devegowda on Monday said the Opposition parties would "suffer" if they continue to raise allegations of "vote chori" and create suspicion in the minds of voters by blaming Prime Minister Narendra Modi-led government.
Participating in a discussion on election reforms in the Rajya Sabha, he criticised the Opposition for making a mockery about the Prime Minister "in the streets and on the public platform".
"This (India) is a very big country. A large country. Congress may be in three states. Remember my friends please, by using the words 'vote chori' you are going to suffer in the coming days. You are not going to win the battle," Devegowda said, referring to the Opposition members.
He asked what the Opposition is going to earn by "blaming Narendra Modi's leadership and creating a suspicion in the mind of the voters" through the claims of "vote chori".
"What has happened to their minds? Let them rectify," Devegowda said.
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The former prime minister said that during his over seven decades of public life, he has never raised such issues of vote theft despite facing defeat in elections.
He also cited a letter written by the then Prime Minister Jawaharlal Nehru regarding inclusion of "18,000 votes" (voters) in Kerala.
"Why I am telling this (because) during the Nehru period also, there were certain lapses in the electoral system," said Devegowda, who was the prime minister between June 1, 1996 and April 21, 1997.
He said that the Congress party faced defeat in the recent Bihar elections despite raising the issues of mistakes in the electoral rolls.
"What happened after that even after so much review (of voters list). Think (for) yourself! You got six MLAs," the senior Janata Dal (Secular) leader said.
Devegowda questioned the Opposition as to why they want to make allegations against the prime minister on the issue of the voters list?
"Election Commission is there. Supreme Court is there. The Election Commission has given direction to all the state units to rectify all these things," he said.
Devegowda said people of the country have full confidence in Narendra Modi's government and it will come back to power after the next Lok Sabha elections as well.
K R Suresh Reddy, Bharat Rashtra Samithi (BRS) party's Rajya Sabha member from Telangana, said that electoral reforms are the backbone for a healthy democracy.
He said a large and diverse nation like Indi needs clean electoral rolls.
Asserting that strict re-verification should not become a mechanism for exclusion, Reddy said no eligible voter should lose their right to vote simply because accessing paperwork is difficult.
He said while the concern definitely is on the voters' exclusion, "we should also be equally concerned about the percentage of voting."
"What is happening in voting today? Once the election ends, the drama begins. The biggest challenge that the Indian democracy has been facing in spite of two major Constitutional amendments has been the anti-defection. Anti-defection is the name of the game today, especially in smaller states, especially where the legislatures are small in number," Reddy said.
The senior BRS leader suggested creation of a parliamentary committee "which would constantly look into the defection" and "ways and means to cutting that".
AIADMK's M Thambidurai raised the issues related to election campaigning.
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"Election campaigns are one of the important election processes. In that, political parties must be given the proper chance to campaign," he said and cited problems faced by his party in Tamil Nadu in this regard.
Thambidurai said political parties were facing hardships in Tamil Nadu to conduct public meetings and to express their views to the public.
YSRCP's Yerram Venkata Subba Reddy stressed on bringing electoral reforms at both the state and national levels.
He also suggested replacing Electronic Voting Machines with paper ballots in all future elections.
"EVM may be efficient but can't be trusted. Paper ballot may not be efficient but can be trusted. You need trust in democracy," Reddy added.
