FIR Against Police in Gujarat’s Botad for ‘Illegally Detaining, Torturing’ Muslim Minor

New Delhi: Four Gujarat Police officials are facing a probe after the family of a minor Muslim boy alleged that 17-year-old Sahil* was illegally confined, sexually assaulted and tortured by police in Botad district inside the police station. An FIR was filed against four constables – Yogesh Solanki, Ajay, Kaushik Jani and Kuldeep Singh Vaghela – on Saturday (September 13), but they have not yet been arrested.

The four constables named in the FIR have been charged under Sections 120(1) (causing hurt to extort confession or recover property), 127(8) (illegal detention) and 54 (common intention at the scene of crime) of the Bharatiya Nyaya Sanhita, along with Section 75 (cruelty to a child) of the Juvenile Justice Act.

Sahil was detained by the Botad police on August 19 on the suspicion of theft. According to his family, he was then illegally kept in the police station for nine days without an arrest warrant. During this time, he was allegedly subjected to immense physical and sexual abuse.

When the minor's condition became critical because of his injuries, the police took him to a local hospital. Doctors later referred him to Ahmedabad due to the severity of his injuries. Currently, he is undergoing treatment at Zydus Hospital in Ahmedabad, where his condition is improving, his family said.

A theft and a detention

Sahil’s ordeal was triggered by a theft in Botad. A resident had locked up his house on June 30, and when he returned on July 12, he found that it had been robbed. An FIR was filed against unknown persons at the Botad City Police Station on July 13.

Under the pretext of investigating this old theft case, the Batod Police detained Sahil and two others on August 19, more than a month after the incident. Sahil works as a daily-wage worker. After the death of his parents, he has been living with his grandparents and two sisters.

Sahil’s sister Tasneem* told The Wire, "On August 19, the police took my brother into police custody without a warrant. No case had been registered against him. Someone told the police that he had a mobile phone and a bike, so they picked him up without a warrant.”

“Later, the police searched our house. They broke down the door and took away Rs 50,000 which was my grandparents' pension money. They took all the money and, while leaving, threatened every member of the house," she continued.

She added, "Two days later, on August 21, when my grandfather went to the police station to look for my brother, the police detained my grandfather as well and even beat him."

Allegations of custodial torture, mistreatment of a minor

According to Sahil’s family, after being taken into custody on August 19, the teenager was kept in illegal detention for nine days. During this period, he was allegedly brutally beaten each day by police officials.

When his grandfather, 65-year-old Omar*, went to the police station to enquire about his grandson, he too was allegedly beaten and kept in custody for six days, after which he was released without explanation. Omar was not allowed to meet Sahil during his detention, the family said.

As a result of the nine days of police torture, Sahil’s health deteriorated severely. When the police realised his condition was out of control, they admitted him to a local hospital in Botad on August 28.

The family has alleged that the police misled them by saying that Sahil had been bitten by an insect at the station, which caused an infection in his leg and swelling, leading to his health complications.

Sahil remained at the local hospital in Botad from August 28 to September 1. However, his leg injuries were so severe that local doctors said he could not be treated there and advised that he be shifted to Ahmedabad for further treatment.

On September 1, Sahil was shifted to Zydus Hospital in Ahmedabad, where he was immediately shifted to the ICU.

Mujahid Nafees, convener of the non-profit organisation Minority Coordination Committee, said, "Botad police acted with a prejudiced mindset. The minor was beaten because he belongs to the Muslim community. Since he was under 18, it was mandatory for the police to present him before the Juvenile Justice Board within 24 hours, which the police failed to do.”

“He was tortured so severely that his kidneys were affected,” Nafees continued. “This is a serious violation of human rights, and it is clear that it happened only because he is Muslim.”

Amid official inaction at the local level in Gujarat and increasing pressure from the Batod Police on the family, the victim's family approached the Supreme Court in this matter.

The petition in the Supreme Court states that the minor boy was kept in illegal custody, brutally beaten and sexually assaulted. He was not produced before the Juvenile Justice board within 24 hours of his arrest, nor was his medical examination conducted, which is a clear violation of the law. When the matter came up for hearing on Monday (September 15), the court asked the family to approach the Gujarat high court instead.

“This is a minor setback, but we are not disheartened. We will move the petition in the high court as soon as possible,” advocate Rohin Bhatt, who is appearing for the family, told The Wire. “It is time that the constitutional courts in this country send out a message that custodial torture is impermissible in a society governed by rule of law.”

Speaking to The Wire, Congress MLA Jignesh Mevani said, "In Gujarat, Dalits, Muslims, and Adivasis are being deliberately targeted by the Gujarat Police. A 17-year-old Muslim boy has been brutally beaten by the police, and pressure is being put on his family not to file any complaint, threatening them with trouble if they do. This matter is currently in the Supreme Court, and I have spoken to the chief minister about it, demanding an impartial investigation for further action."

The Wire reached out to deputy superintendent Maharshi Raval and Botad police officials who are supervising the case, but had not received a response till the time of publication. This article will be updated when a response is received.

*Names of the minor and his family members have been changed to protect his identity.

The Wire is now on WhatsApp. Follow our channel for sharp analysis and opinions on the latest developments.