CW-1997-0011Alappuzha, KeralaJudgment 27 January 1997

Cherthala Man vs Union of India

The judgment of the Kerala High Court records the following account. A Cherthala man, 24, a mosaic-flooring worker who was not an accused in any case, went with his father to the Sherthala Circle Inspector's office on the morning of 5 October 1988 for questioning over stolen articles and was detained without production before any magistrate; he died of injuries on 6 October 1988, with police claiming suicide by a broken tube-light. The DGP's enquiry proved custody beyond 24 hours, from 9 a.m. on 5 October to after 1.30 p.m. on 6 October, and that he was arrayed as an accused only after the incident. The High Court held his fundamental rights were nakedly violated, termed it detention in illegal and unlawful custody for more than 24 hours, awarded Rs.3,00,000 compensation with Rs.2,500 costs, directed CBI investigation, and ordered the DSP to register a crime over the unlawful detention. Matters not addressed in the cited judgment text are not recorded here.

Externally reportedV2
What this record means

This page documents a court-adjudicated case from the judgment and cited sources below. Findings are attributed to the court; this record does not add findings of its own.

How verification works →

Report card

By judgment dated 27 January 1997, the Kerala High Court (Coram: K. A. Abdul Gafoor, J.) returned findings adverse to 4 police personnel, namely: Police Constable, Sherthala Police Station; Police Constable, Sherthala Police Station; Sub-Inspector, Sherthala Police Station; Circle Inspector, Sherthala, and directed payment of compensation of Rs 3 lakh (Rs 3,00,000).

Register number
KL 04 CW 0001
Case reference
Not stated
Court and date
Kerala High Court (Coram: K. A. Abdul Gafoor, J.), 27 January 1997
Officer(s) at the material time
Police Constable, Sherthala Police Station; Police Constable, Sherthala Police Station; Sub-Inspector, Sherthala Police Station; Circle Inspector, Sherthala
Present service status
Not ascertained from the cited sources.
Provisions invoked
Not stated in the cited sources
Finding of the Court (extract)
“detention of a citizen in illegal and unlawful custody for more than 24 hours, from 9 a.m. on 5.10.1988 to at least 1.30 p.m. on 6.10.1988, when he succumbed to injuries.” (at para 11)
Verdict, sentence and quantum
Adverse finding + compensation. Sentence: compensation only. Compensation: Rs 3 lakh (Rs 3,00,000).
Present status of the proceedings
No further proceedings are recorded in the cited sources; the judgment is the concluded position shown.

Compiled from the judgment and the cited sources. Findings are those of the court; this card adds none of its own.

The Kerala High Court judgment dated 27 January 1997 is the concluded position shown in the cited sources.

Recorded allegations

1
Custodial deathPrimary
Material fact supported

Reliable material supports a specifically documented fact relevant to that allegation, not necessarily the full allegation, causation, intent, unlawfulness, or responsibility.

Official finding: supports allegation.

What the court found

Holding not recorded separately.

“detention of a citizen in illegal and unlawful custody for more than 24 hours, from 9 a.m. on 5.10.1988 to at least 1.30 p.m. on 6.10.1988, when he succumbed to injuries.” (para 11)

Institutional response

1
27 Jan 1997

Order issued

Concluded
Kerala High Court External · Binding

The Kerala High Court recorded adverse findings against police personnel and ordered Rs 300,000.

Compensation ordered · Supports allegation (for the compensated wrong only).
Source: Kerala High Court judgment 1997-01-27
Not yet re-checked.

Follow-up history

1
19 Sep 2026

(Round-8 full re-verification: published record re-checked against the judgment text (outcome, officers, quote, key facts) plus methodology-compliance pass; skills-guided adversarial re-verification of the published record against the judgment text (reverify/t1-*/adversarial-8.jsonl))

Corrections (0): No corrections recorded.

Review: Solo Staff combined review (one combined attestation) — not yet recorded.

Keep exploring

These records are listed together because they share a state or a topic. That does not mean they are connected.