CW-2000-0002Morigaon, AssamJudgment 17 February 2000

Gopal Ch. Morigaon Man and Another v. State of Assam and Others

The judgment of the Gauhati High Court records the following account. College student a Morigaon man (24) was picked up from his Morigaon home on 6 August 1994 by a team including SI Nakhyatra Bora with SULFA members and CRPF, seen in the Morigaon lockup, then shot dead at point-blank range in a staged encounter at Mayengia village. Separately, office assistant a Morigaon man died of custodial torture injuries including a fractured femur, which police falsely ascribed to a fall. Accepting District Judge inquiry reports and medical evidence, the Gauhati High Court held both men died in police custody in defiance of the law of the land and rejected the encounter and accidental-fall versions. It awarded Rs.2,50,000 plus Rs.15,000 costs to each family, payable within six months, leaving the State free to proceed against and recover from the erring officers. 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 17 February 2000 in Civil Rule Nos. 3809 and 4032 of 1994, the Gauhati High Court (Coram: D.N. Chowdhury, J.) returned findings adverse to the Nakhyatra Bora (Sub-Inspector), and directed payment of compensation of Rs 5.3 lakh (Rs 5,30,000).

Register number
AS 21 CW 0001
Case reference
Civil Rule Nos. 3809 and 4032 of 1994 / (2000) 1 GLT 643
Court and date
Gauhati High Court (Coram: D.N. Chowdhury, J.), 17 February 2000
Officer(s) at the material time
Nakhyatra Bora (Sub-Inspector)
Present service status
Not ascertained from the cited sources.
Provisions invoked
Article 21 of the Constitution of India
Finding of the Court (extract)
“Both of them died in Police custody in defiance of the law of the land. In both the cases there is unconstitutional deprivation of personal liberty and life.” (at para 23)
Verdict, sentence and quantum
Adverse finding + compensation. Sentence: compensation only. Compensation: Rs 5.3 lakh (Rs 5,30,000).
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 17 February 2000 is the concluded position shown in the cited sources.

Recorded allegations

1
OtherPrimary
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.

“Both of them died in Police custody in defiance of the law of the land. In both the cases there is unconstitutional deprivation of personal liberty and life.” (para 23)

Institutional response

1
17 Feb 2000

Order issued

Concluded
Gauhati High Court External · Binding

The Gauhati High Court recorded adverse findings against police personnel and ordered Rs 530,000.

Compensation ordered · Supports allegation (for the compensated wrong only).
Source: (2000) 1 GLT 643
Not yet re-checked.

Follow-up history

0
Not yet re-checked.

No published follow-up check has been recorded for this incident.

Corrections (0): No corrections recorded.

Review: Solo Staff combined review (one combined attestation) — not yet recorded.

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