CW-2008-0003Pathanamthitta, KeralaJudgment 13 February 2008

S. M. vs State Of Kerala

The judgment of the Kerala High Court records the following account. a man was taken into illegal police custody on June 29, 1999, detained for over 24 hours at Keezhvaipur Police Station without registration of any case, and died of fatal internal abdominal injuries on June 30, 1999. The Kerala High Court held that the police's version was fabricated to conceal custodial torture, establishing a clear violation of Article 21 of the Constitution. Holding the State tortiously liable for the acts of its police officers, the High Court directed payment of Rs. 5,00,000 compensation with 9% interest to the victim's widow and minor son, and transferred the criminal investigation into the custodial death to the Central Bureau of Investigation (CBI). 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 2008 in O.P. No. 26679 of 2002, the Kerala High Court (Coram: A.K. Basheer, J.) returned findings adverse to 4 police personnel, namely: Sub-Inspector, Keezhvaipur Police Station; Head Constable, Keezhvaipur Police Station; Head Constable, Keezhvaipur Police Station; Police Constable, Keezhvaipur Police Station, and directed payment of compensation of Rs 5 lakh (Rs 5,00,000).

Register number
KL 03 CW 0001
Case reference
O.P. No. 26679 of 2002
Court and date
Kerala High Court (Coram: A.K. Basheer, J.), 13 February 2008
Officer(s) at the material time
Sub-Inspector, Keezhvaipur Police Station; Head Constable, Keezhvaipur Police Station; Head Constable, Keezhvaipur Police Station; Police Constable, Keezhvaipur Police Station
Present service status
Not ascertained from the cited sources.
Provisions invoked
Article 21 of the Constitution of India; Article 226 of the Constitution of India
Finding of the Court (extract)
“UNVERIFIED — stated para-39 Article-21 quote absent from accessible judgment text (paras 32-40 missing from source). Replace with verified para-28 text: 'there had been a concerted effort on the part of the Police to fabricate or create documents apparently in …” (at para 39)
Verdict, sentence and quantum
Adverse finding + compensation. Sentence: compensation only. Compensation: Rs 5 lakh (Rs 5,00,000).
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 13 February 2008 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.

“UNVERIFIED — stated para-39 Article-21 quote absent from accessible judgment text (paras 32-40 missing from source). Replace with verified para-28 text: 'there had been a concerted effort on the part of the Police to fabricate or create documents apparently in …” (para 39)

Institutional response

1
13 Feb 2008

Order issued

Concluded
Kerala High Court External · Binding

The Kerala High Court recorded adverse findings against police personnel and ordered Rs 500,000.

Compensation ordered · Supports allegation (for the compensated wrong only).
Source: O.P. No. 26679 of 2002
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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