CW-1997-0012Gomati, TripuraJudgment 13 February 1997

Amarpur To Udaipur Man vs State of Tripura

The Gauhati High Court Division Bench disposed of a writ petition registered on an advocate's fax complaint about NSA detenu [name withheld], an Amarpur advocate. The court accepted the judicial-enquiry finding that an Amarpur to Udaipur man was mercilessly beaten by his police escort led by Inspector en route from Amarpur to Udaipur on 19.01.1993, sustaining grievous injuries including a fractured right hand. It held the assault in police custody violated Article 21 and that the State could not plead sovereign immunity. The State was ordered to pay Rs 1 lakh compensation (over treatment costs already reimbursed) and to hold a further enquiry within three months into the roles of the SP, DM and BDO, with disciplinary proceedings and salary-recovery on an adverse finding. 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.

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Report card

By judgment dated 13 February 1997 in Civil Rule No. 3 (HC) of 1993, the Gauhati High Court (Coram: A.K. Patnaik, V.K. Khanna, JJ.) returned findings adverse to 5 police personnel, namely: Inspector of Police, Tripura Police (escort team); Constable, Tripura Police (escort team); Constable, Tripura Police (escort team); Constable, Tripura Police (escort team); Constable, Tripura Police (escort team), and directed payment of compensation of Rs 1 lakh (Rs 1,00,000).

Register number
TR 03 CW 0001
Case reference
Civil Rule No. 3 (HC) of 1993 / (1997) 1 GLJ 382; (1997) 1 GLT 555
Court and date
Gauhati High Court (Coram: A.K. Patnaik, V.K. Khanna, JJ.), 13 February 1997
Officer(s) at the material time
Inspector of Police, Tripura Police (escort team); Constable, Tripura Police (escort team); Constable, Tripura Police (escort team); Constable, Tripura Police (escort team); Constable, Tripura Police (escort team)
Present service status
Not ascertained from the cited sources.
Provisions invoked
the National Security Act, 1980; Article 21 of the Constitution of India; Article 226 of the Constitution of India
Finding of the Court (extract)
“There is no law which authorised the merciless assault on an Amarpur to Udaipur man while he was in police custody and such assault was therefore in clear violation of his fundamental right guaranteed under Article 21 of the Constitution …” (at para 8)
Verdict, sentence and quantum
Adverse finding + compensation. Sentence: compensation only. Compensation: Rs 1 lakh (Rs 1,00,000).
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 Gauhati High Court judgment dated 13 February 1997 is the concluded position shown in the cited sources.

Recorded allegations

1
Custodial torturePrimary
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.

“There is no law which authorised the merciless assault on an Amarpur to Udaipur man while he was in police custody and such assault was therefore in clear violation of his fundamental right guaranteed under Article 21 of the Constitution …” (para 8)

Institutional response

1
13 Feb 1997

Order issued

Concluded
Gauhati High Court External · Binding

The Gauhati High Court recorded adverse findings against police personnel and ordered Rs 100,000.

Compensation ordered · Supports allegation (for the compensated wrong only).
Source: (1997) 1 GLJ 382; (1997) 1 GLT 555
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.

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