# Barada Man vs State of Orissa and Others

HTML version: [https://datalibertarian.in/babuwatch/incident/CW-2011-0033](https://datalibertarian.in/babuwatch/incident/CW-2011-0033)

## Report card

By judgment dated 19 July 2011 in W.P.(C) No. 17011 of 2006, the Orissa High Court (Coram: V. Gopala Gowda, B. N. Mahapatra, JJ.) returned findings adverse to 2 police personnel, namely: Excise Inspector, Jajpur, Excise Department; Sub-Inspector of Police, Dharmasala Police Station, and directed payment of compensation of Rs 1 lakh (Rs 1,00,000).

- Register number: OD 04 CW 0002
- Case reference: W.P.(C) No. 17011 of 2006
- Court and date: Orissa High Court (Coram: V. Gopala Gowda, B. N. Mahapatra, JJ.), 19 July 2011
- Officer(s) at the material time: Excise Inspector, Jajpur, Excise Department; Sub-Inspector of Police, Dharmasala Police Station
- Present service status: Not ascertained from the cited sources.
- Provisions invoked: Section 47(a) of the Bihar and Orissa Excise Act; Article 21 of the Constitution of India; Article 226 of the Constitution of India
- Finding of the Court (extract): “In the facts situation, considering the age of the deceased and that he was the only bread winner of the bereaved family and died only after his arrest, we deem it just and proper to direct opposite party- State Government …” (at para 10)
- 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.
- Source orders: [Judgment / order (primary source)](https://indiankanoon.org/doc/143143637/); [Permanent link to this record](https://datalibertarian.in/babuwatch/incident/CW-2011-0033)

**Record:** CW-2011-0033 (compiler id CWC-1311); case GAP3-94-002
**Title:** Barada Man vs State of Orissa and Others
**Court:** Orissa High Court; judges: V. Gopala Gowda; B. N. Mahapatra
**Case number / citation:** W.P.(C) No. 17011 of 2006
**Judgment:** 2011-07-19 (2011, day precision)
**Incident date:** 2006-10-03 (2006)
**Place:** Jajpur, Odisha; city town: Barada; police station or unit: Dharmasala Police Station; force: state_police
**Category:** Violence & unlawful detention
**Sub-category:** custodial death
**Outcome:** Adverse finding + compensation (adverse_finding_compensation)
**Sections:** Bihar and Orissa Excise Act s.47(a); Constitution Art. 21; Constitution Art. 226
**Officers (gated display forms):** Excise Inspector, Jajpur, Excise Department; Sub-Inspector of Police, Dharmasala Police Station (2 in record)
**Victims:** Barada man, age 32 (1 in record)
**Sentence / compensation:** compensation only; Rs 1 lakh (Rs 1,00,000)
**Sentence type:** compensation only (compensation_only)

The judgment of the Orissa High Court records the following account. A Barada man, aged 32, was arrested in an excise case on 29/30 September 2006, remanded to Jajpur Sub-Jail, and died on 3 October 2006 after admission to the district hospital; his widow alleged illegal detention and custodial torture, which the State denied. The court noted it was undisputed that he died in jail custody days after arrest, and that the State's counter said nothing on whether any medical test was conducted or the apex court's arrest guidelines were followed. Applying D.K. Basu custodial jurisprudence under Article 21, the court directed the State Government to pay Rs 1 lakh ex gratia to the bereaved family within two weeks, structured as fixed deposits for the widow, children and aged parents. It did not fix personal liability on any officer or order prosecution. Matters not addressed in the cited judgment text are not recorded here.

> In the facts situation, considering the age of the deceased and that he was the only bread winner of the bereaved family and died only after his arrest, we deem it just and proper to direct opposite party- State Government to pay ex gratia of Rs.1,00,000/- (rupees one lakh) to the bereaved family of the deceased within a period of two weeks from the date of receipt of a copy of this order.

**Sources (1):** [indiankanoon.org](https://indiankanoon.org/doc/143143637/)
**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:** 10
**display title redacted:** Barada Man vs State of Orissa and Others
**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': \[\]}
**followup status:** checked
**institutional response:** {'date': '2011-07-19', 'action_type': 'Order issued', 'status': 'Concluded', 'authority': 'Orissa High Court', 'independence': 'External', 'legal_effect': 'Binding', 'description': 'The Orissa High Court recorded adverse findings against police personnel and ordered Rs 100,000.', 'disposition': 'Compensation ordered · Supports allegation (for the compensated wrong only)', 'source': 'W.P.(C) No. 17011 of 2006', 'recheck': 'Not yet re-checked.'}
**last checked:** 2026-09-19
**link checked per url:** {'url': 'https://indiankanoon.org/doc/143143637/', '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:** Death in custody days after arrest with unexplained guideline breach; HC awarded Rs 1 lakh ex gratia.
**verification badge:** V2 · Externally reported
**verification status:** V2
**watch:** babuwatch

Status: Adverse finding + compensation.

[Open CW-2011-0033](https://datalibertarian.in/babuwatch/incident/CW-2011-0033)