The Orissa High Court has converted a writ petition concerning the alleged illegal detention and mistreatment of a minor at a police station into a Public Interest Litigation (PIL), saying the matter raises wider concerns about how children are handled during police investigations. While the Court did not find evidence supporting allegations of physical assault or illegal detention, it noted apparent violations of the legal safeguards meant to protect children.
Background of the Case
The petition was filed by Sarat Majhi, alleging that his minor son was called to Pirahat Police Station on November 2, 2025, detained for several hours, and physically assaulted during questioning. Earlier hearings prompted the High Court to seek an explanation from the Superintendent of Police, Bhadrak, regarding child-friendly facilities at the police station and compliance with the Juvenile Justice (Care and Protection of Children) Act, 2015.
In response, the police informed the Court that the station had a child-friendly corner, a Special Juvenile Police Unit had been constituted, and a Child Welfare Police Officer had been designated. However, the petitioner maintained that the child had been interrogated in an area not covered by CCTV cameras and relied on medical records to support the allegations.
Court's Observations
During the final hearing, the Division Bench examined CCTV footage covering the period between 8:00 PM and midnight on November 2, 2025. The judges observed discrepancies in the manner in which the investigation was conducted and found instances of non-compliance with statutory provisions governing the treatment of children.
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The Bench noted that the CCTV footage did not show any physical assault on the child. It also observed that the medical documents produced by the petitioner did not corroborate the allegation of assault, except showing that the child had been admitted to a hospital on November 4 and discharged the following day.
The Court further found that the child had entered the police station at 7:52 PM and left with his father at 12:04 AM. On that basis, it held that a case of illegal detention was not made out. However, the judges expressed concern that the child had not been treated in the manner required under the Odisha Juvenile Justice (Care and Protection of Children) Rules, 2018 and the parent legislation.
“The child was treated differently than what is warranted under the Odisha Juvenile Justice (Care and Protection of Children) Rules, 2018 and the parent Act,”
the Bench observed, adding that there appeared to be “complete apathy” within the police administration in ensuring child-sensitive procedures.
Decision
Considering the larger issues revealed during the proceedings, the High Court directed that the writ petition be converted into a separate Public Interest Litigation to examine alleged widespread violations and inadequate implementation of child protection laws. The Registry was instructed to register a fresh PIL by transferring the records of the present case. Since the broader issues would be addressed in the PIL, the Court disposed of the writ petition and dispensed with the personal appearance of the Superintendent of Police, the Inspector-in-Charge of Pirahat Police Station, and the Child Welfare Police Officer.
Case Details:
Case Title: Sarat Majhi v. State of Orissa and Others
Case Number: WPCRL No. 6 of 2026
Judge: Chief Justice Harish Tandon and Justice Murahari Sri Raman
Decision Date: 29 June 2026
