CW-2023-0021Jammu, Jammu and KashmirJudgment 4 August 2023

Phallian Mandal, Satwari Man And Another vs State Of J&K And Others

The High Court of Jammu and Kashmir and Ladakh at Jammu awarded compensation to the parents of 18-year-old a Phallian Mandal, Satwari man, picked up from home on February 17, 2007 by Police Post Phallian Mandal staff and found unconscious with visible injury marks at the post within about 90 minutes, later declared dead at hospital. A magisterial enquiry by the Additional District Development Commissioner Jammu held it a custodial death prima facie against the post's personnel; the Government accepted the report, paid Rs. 1 lakh ex gratia and registered FIR No. 201/2007 under Section 302 RPC at PS Satwari. Holding the State estopped from denying custodial death, the Court computed Rs. 9,00,000 total on Motor Vehicles Act principles and, adjusting the ex gratia already paid, directed payment of Rs. 8,00,000 with 6% interest from filing of the writ petition within two months. 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 4 August 2023 in OWP No. 791/2009 (O&M), the Jammu and Kashmir and Ladakh High Court (Coram: Rajnesh Oswal, J.) returned findings adverse to the In-charge and personnel on duty, Police Post Phallian Mandal (Makwal), PS Satwari, and directed payment of compensation of Rs 8 lakh (Rs 8,00,000).

Register number
JK 02 CW 0002
Case reference
OWP No. 791/2009 (O&M)
Court and date
Jammu and Kashmir and Ladakh High Court (Coram: Rajnesh Oswal, J.), 4 August 2023
Officer(s) at the material time
In-charge and personnel on duty, Police Post Phallian Mandal (Makwal), PS Satwari
Present service status
Not ascertained from the cited sources.
Provisions invoked
Section 302 of the Ranbir Penal Code; Article 226 of the Constitution of India
Finding of the Court (extract)
“Once the Government has accepted the death as 'custodial death' and has paid sum of Rs. 1 lac as ex-gratia, the respondents are estopped from denying the death of the victim in police custody.” (at para 11)
Verdict, sentence and quantum
Adverse finding + compensation. Sentence: compensation only. Compensation: Rs 8 lakh (Rs 8,00,000).
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 Jammu and Kashmir and Ladakh High Court judgment dated 4 August 2023 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.

“Once the Government has accepted the death as 'custodial death' and has paid sum of Rs. 1 lac as ex-gratia, the respondents are estopped from denying the death of the victim in police custody.” (para 11)

Institutional response

1
4 Aug 2023

Order issued

Concluded
Jammu and Kashmir and Ladakh High Court External · Binding

The Jammu and Kashmir and Ladakh High Court recorded adverse findings against police personnel and ordered Rs 800,000.

Compensation ordered · Supports allegation (for the compensated wrong only).
Source: OWP No. 791/2009 (O&M)
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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