The Gauhati High Court disposed of the writ petition of the wife and children of a Pachim Boragaon, Guwahati man, arrested on 27.11.1998 in a Dispur dacoity case and shot dead the same day by his police escort near Pachim Boragaon. Adopting the District Judge (Kamrup) enquiry report, the court found the handcuffed detenu was shot in the back of the chest though the escort could have fired at his legs. It held the force was in excess of necessity and the police negligent and guilty of misconduct in causing a custodial death. Applying D.K. Basu and Nilabati Behera, the court ordered Rs 2 lakh compensation within three months and directed action against the defaulting personnel plus thorough criminal investigation. Matters not addressed in the cited judgment text are not recorded here.
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 →By judgment dated 10 September 2001 in WP (C) No. 4567 of 1999, the Gauhati High Court (Coram: D. Biswas, J.) returned findings adverse to 2 police personnel, namely: Sub-Inspector of Police, Assam Police (Dispur PS case party); Head Constable and armed personnel, Assam Police (escort party), and directed payment of compensation of Rs 2 lakh (Rs 2,00,000).
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 10 September 2001 is the concluded position shown in the cited sources.
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.
Holding not recorded separately.
“The force applied by the police has been definitely in excess of what was necessary. Therefore, they were negligent and guilty of misconduct in causing the death of a man in custody.” (para 5)
The Gauhati High Court recorded adverse findings against police personnel and ordered Rs 200,000.
(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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