# Silapathar Man v. State of Assam & 3 Ors.

HTML version: [https://datalibertarian.in/babuwatch/incident/CW-2024-0037](https://datalibertarian.in/babuwatch/incident/CW-2024-0037)

## Report card

By judgment dated 21 May 2024 in WP(C)/3604/2016, the Gauhati High Court (Coram: Manash Ranjan Pathak, Mitali Thakuria, JJ.) returned findings adverse to the Police personnel, Assam Police escort party (Dhemaji), and directed payment of compensation of Rs 3 lakh (Rs 3,00,000).

- Register number: AS 22 CW 0002
- Case reference: WP(C)/3604/2016
- Court and date: Gauhati High Court (Coram: Manash Ranjan Pathak, Mitali Thakuria, JJ.), 21 May 2024
- Officer(s) at the material time: Police personnel, Assam Police escort party (Dhemaji)
- Present service status: Not ascertained from the cited sources.
- Provisions invoked: Section 40/41/49 of the Assam Forest Regulation Act; Article 21 of the Constitution of India; Article 226 of the Constitution of India
- Finding of the Court (extract): “In view of above and also in view of the law laid down by the Hon'ble Supreme Court in the case of Re-Inhuman Conditions in 1382 Prisons (supra) and considering the fact that the deceased was in police custody when …” (at para 15)
- 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/54648071/); [Permanent link to this record](https://datalibertarian.in/babuwatch/incident/CW-2024-0037)

**Record:** CW-2024-0037 (compiler id CWC-0867); case GAP2-44-002
**Title:** Silapathar Man v. State of Assam & 3 Ors.
**Court:** Gauhati High Court; judges: Manash Ranjan Pathak; Mitali Thakuria
**Case number / citation:** WP(C)/3604/2016
**Judgment:** 2024-05-21 (2024, day precision)
**Incident date:** 2015-10-30 (2015)
**Place:** Dhemaji, Assam; city town: Silapathar; police station or unit: Silapathar Police Station; force: state_police
**Category:** Violence & unlawful detention
**Sub-category:** custodial death
**Outcome:** Adverse finding + compensation (adverse_finding_compensation)
**Sections:** Assam Forest Regulation Act ss.40/41/49; Constitution Art. 21; Constitution Art. 226
**Officers (gated display forms):** Police personnel, Assam Police escort party (Dhemaji) (0 in record)
**Victims:** Silapathar man (1 in record)
**Sentence / compensation:** compensation only; Rs 3 lakh (Rs 3,00,000)
**Sentence type:** compensation only (compensation_only)

The Gauhati High Court held the State of Assam liable to pay Rs.3,00,000 compensation to the next of kin of undertrial a Silapathar man, who died on 30 October 2015 after falling from a running escort bus near Jalakiasuti while being brought back from Jonai court to Dhemaji District Jail in police custody. The Court recorded that the escorting police personnel had already faced departmental proceedings and been punished with stoppage of two annual increments. Relying on the Supreme Court's ruling in Re-Inhuman Conditions in 1382 Prisons, it held that persons suffering unnatural death in custody are victims whose next of kin are entitled to compensation. Since the petitioner's identity as the father was disputed, the Court directed the amount to be deposited before the District & Sessions Judge, Dhemaji within two months for disbursement only after verification and identification. Matters not addressed in the cited judgment text are not recorded here.

> In view of above and also in view of the law laid down by the Hon'ble Supreme Court in the case of Re-Inhuman Conditions in 1382 Prisons (supra) and considering the fact that the deceased was in police custody when the incident took place, we are of the considered opinion that the compensation to the tune of Rs. 3 (three) Lakhs is found to be reasonable and justified and that the State authorities are liable to pay the said compensation amount to the next of kin of the deceased \[name withheld\].

**Sources (2):** [indiankanoon.org](https://indiankanoon.org/doc/54648071/); [lawyerenews.com](https://lawyerenews.com/legal_detail/human-rights-are-universal-gauhati-high-court-orders-compensation-in-custodial-death-case)
**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:** 15
**display title redacted:** Silapathar Man v. State of Assam & 3 Ors.
**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': '2024-05-21', 'action_type': 'Order issued', 'status': 'Concluded', 'authority': 'Gauhati High Court', 'independence': 'External', 'legal_effect': 'Binding', 'description': 'The Gauhati High Court recorded adverse findings against police personnel and ordered Rs 300,000.', 'disposition': 'Compensation ordered · Supports allegation (for the compensated wrong only)', 'source': 'WP(C)/3604/2016', 'recheck': 'Not yet re-checked.'}
**last checked:** 2026-09-19
**link checked per url:** {'url': 'https://indiankanoon.org/doc/54648071/', 'link_checked': None}; {'url': 'https://lawyerenews.com/legal_detail/human-rights-are-universal-gauhati-high-court-orders-compensation-in-custodial-death-case', '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:** Gauhati HC ordered Rs.3 lakh compensation for undertrial's death in police escort custody; escort staff already penalised departmentally.
**verification badge:** V2 · Externally reported
**verification status:** V2
**watch:** babuwatch

Status: Adverse finding + compensation.

[Open CW-2024-0037](https://datalibertarian.in/babuwatch/incident/CW-2024-0037)