CW-2012-0014Baksa, AssamJudgment 9 November 2012

Mushalpur Man vs State of Assam and Others

The Gauhati High Court awarded Rs 1,50,000 to the widow of head teacher a Mushalpur man, who died in custody at Mushalpur Out Post on 26 October 2007 after being detained the previous day for interrogation. While unconvinced of physical torture, the Court held the police grossly negligent: a Home Guard let the detainee carry a gamosa into the toilet, no arrest memo was prepared, the family was never informed, and the post-mortem was conducted without them. The Court found the detainee's right to reputation and the D.K. Basu safeguards under Articles 21 and 22(1) infringed without justifiable cause. The court found Home Guard grossly negligent, but he is a Home Guard volunteer under whose vigil the deceased was left at Mushalpur Police Out Post, not a member of the police force. 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.

How verification works →

Report card

By judgment dated 9 November 2012 in WP(C) No. 2427 of 2008, the Gauhati High Court (Coram: Amitava Roy, Anima Hazarika, JJ.) returned findings adverse to 2 police personnel, namely: Sub-Inspector, Mushalpur OP, Baksa; Home Guard, Mushalpur OP, Baksa, and directed payment of compensation of Rs 1.5 lakh (Rs 1,50,000).

Register number
AS 00 CW 0002
Case reference
WP(C) No. 2427 of 2008 / (2013) 1 GLT 610
Court and date
Gauhati High Court (Coram: Amitava Roy, Anima Hazarika, JJ.), 9 November 2012
Officer(s) at the material time
Sub-Inspector, Mushalpur OP, Baksa; Home Guard, Mushalpur OP, Baksa
Present service status
Not ascertained from the cited sources.
Provisions invoked
Not stated in the cited sources
Finding of the Court (extract)
“it is admitted by the respondents that Sri [name withheld], Home Guard under whose vigil and control the deceased had been left at the Mushalpur Police Out Post had been grossly negligent in allowing him to carry a 'Gamosa' with …” (at para 19)
Verdict, sentence and quantum
Adverse finding + compensation. Sentence: compensation only. Compensation: Rs 1.5 lakh (Rs 1,50,000).
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 9 November 2012 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.

“it is admitted by the respondents that Sri [name withheld], Home Guard under whose vigil and control the deceased had been left at the Mushalpur Police Out Post had been grossly negligent in allowing him to carry a 'Gamosa' with …” (para 19)

Institutional response

1
9 Nov 2012

Order issued

Concluded
Gauhati High Court External · Binding

The Gauhati High Court recorded adverse findings against police personnel and ordered Rs 150,000.

Compensation ordered · Supports allegation (for the compensated wrong only).
Source: (2013) 1 GLT 610
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.

Keep exploring

These records are listed together because they share a state or a topic. That does not mean they are connected.