# Cherthala Man vs Union of India

HTML version: [https://datalibertarian.in/babuwatch/incident/CW-1997-0011](https://datalibertarian.in/babuwatch/incident/CW-1997-0011)

## 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.
- Source orders: [Judgment / order (primary source)](https://indiankanoon.org/doc/1655493/); [Permanent link to this record](https://datalibertarian.in/babuwatch/incident/CW-1997-0011)

**Record:** CW-1997-0011 (compiler id CWC-0694); case SWILLEGA-071
**Title:** Cherthala Man vs Union of India
**Court:** Kerala High Court; judges: K. A. Abdul Gafoor
**Case number / citation:** Not stated
**Judgment:** 1997-01-27 (1997, day precision)
**Incident date:** 1988-10-06 (1988)
**Place:** Alappuzha, Kerala (district at time: Alleppey); city town: Cherthala; police station or unit: Sherthala Police Station / Circle Inspector's Office; force: state_police
**Category:** Violence & unlawful detention
**Sub-category:** custodial death
**Outcome:** Adverse finding + compensation (adverse_finding_compensation)
**Officers (gated display forms):** Police Constable, Sherthala Police Station; Police Constable, Sherthala Police Station; Sub-Inspector, Sherthala Police Station; Circle Inspector, Sherthala (4 in record)
**Victims:** Cherthala man, age 24 (1 in record)
**Sentence / compensation:** compensation only; Rs 3 lakh (Rs 3,00,000)
**Sentence type:** compensation only (compensation_only)

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.

> 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.

**Sources (1):** [indiankanoon.org](https://indiankanoon.org/doc/1655493/)
**Verification:** V2 · Externally reported
**Review:** Solo Staff combined review (one combined attestation) — not yet recorded
**admin category:** brutality
**admin subcategory:** custodial_death
**allegations:** {'category': 'Custodial death', 'primary': True, 'position': 'Material fact supported', 'position_explainer': 'Reliable material supports a specifically documented fact relevant to that allegation, not necessarily the full allegation, causation, intent, unlawfulness, or responsibility.', 'official_finding_relation': 'supports allegation'}
**anonymised:** False
**court quote para:** 11
**display title redacted:** Cherthala Man vs Union of India
**followup history:** {'date': '2026-09-19', 'scope': 'Round-8 full re-verification: published record re-checked against the judgment text (outcome, officers, quote, key facts) plus methodology-compliance pass', 'method': 'skills-guided adversarial re-verification of the published record against the judgment text (reverify/t1-*/adversarial-8.jsonl)', 'result': 'holds', 'corrections_applied': \['court_quote_para'\]}
**followup status:** checked
**institutional response:** {'date': '1997-01-27', 'action_type': 'Order issued', 'status': 'Concluded', 'authority': 'Kerala High Court', 'independence': 'External', 'legal_effect': 'Binding', 'description': 'The Kerala High Court recorded adverse findings against police personnel and ordered Rs 300,000.', 'disposition': 'Compensation ordered · Supports allegation (for the compensated wrong only)', 'source': 'Kerala High Court judgment 1997-01-27', 'recheck': 'Not yet re-checked.'}
**last checked:** 2026-09-19
**link checked per url:** {'url': 'https://indiankanoon.org/doc/1655493/', 'link_checked': None}
**retracted:** {"is_retracted": false}
**service:** police
**source assessment:** {"established": null, "basis": null}
**status:** current
**subcategory display:** custodial death
**tier:** Tier A — Externally reported or officially recorded
**tier badge:** Externally reported
**tier history:** Tier A — Externally reported or officially recorded
**verdict:** accept
**verdict note:** HC held death in >24-hr illegal custody of non-accused; Rs.3 lakh compensation, CBI probe and crime registration ordered.
**verification badge:** V2 · Externally reported
**verification status:** V2
**watch:** babuwatch

Status: Adverse finding + compensation.

[Open CW-1997-0011](https://datalibertarian.in/babuwatch/incident/CW-1997-0011)