Court holds police liable for non-compliance with CrPC procedural safeguards, orders State of Assam to pay interim compensation with liberty to seek higher damages in civil court
In a significant judgment dated September 17, 2026, the Gauhati High Court (Division Bench comprising Justice Kalyan Rai Surana and Justice Susmita Phukan Khaund) has held the State of Assam responsible for the custodial death of Azizur Rahman, who died while in police custody at Kalain Patrol Post, Cachar district. The Court found that the arrest of Azizur Rahman was illegal due to non-compliance with mandatory procedural safeguards under Sections 41B, 41C, 50, and 50A of the Criminal Procedure Code (CrPC), 1973.
Azizur Rahman, a 60-year-old respected businessman and a family man, was picked up by police personnel led by respondent no.6, Sri Y.T. Gyatso, in the early hours of July 7, 2012, during a politically charged period marked by community clashes linked to a bandh call. Despite pleas of innocence, Rahman was forcibly taken from his residence to the police patrol post, where he was subjected to alleged custodial torture and subsequently died. The family was not informed of his deteriorating health, and he was shifted in a police vehicle instead of an ambulance to the hospital, where he was declared brought dead.
The petitioner, Sarifuddin, son of the deceased, filed a writ petition under Article 226 of the Constitution seeking a thorough investigation by the Central Bureau of Investigation (CBI) or the National Investigation Agency (NIA), departmental inquiry against the accused police officials, the death certificate, postmortem report, and adequate compensation.
The Court noted that the procedural requirements for arrest and custody, including informing the arrested person of grounds of arrest, notifying family members, and producing the arrested person before magistrates, were not adhered to. Additionally, the police failed to inform the family about Azizur Rahman's critical condition or allow their presence during his transfer to the hospital.
The postmortem and forensic reports indicated that the cause of death was syncope following acute or chronic coronary insufficiency with no external injuries, but multiple eyewitness accounts alleged physical torture at the police station. The Court refrained from making any conclusive findings on the criminal liability of the accused, leaving the matter to the competent trial court where the complaint case is pending.
However, on the civil side, the Court directed the State of Assam to pay interim compensation of ₹5,00,000 (Rupees Five lakh only) to the legal heirs of Azizur Rahman. The compensation is palliative and without prejudice to the heirs' right to claim higher compensation through civil proceedings. The compensation shall be distributed according to Mohammedan Law among the heirs. The State may recover the compensation amount from the guilty officials after departmental inquiry.
The Court emphasized the importance of strict adherence to procedural safeguards during arrest and custody to prevent custodial deaths. It lamented the failure of the police to follow the prescribed legal protocol, which led to the violation of fundamental rights and the unfortunate death of a citizen.
This judgment reinforces the legal standards set by the Supreme Court in D.K. Basu v. State of West Bengal AIR 1997 SC 610 and subsequent rulings, underscoring the State's vicarious liability for deaths occurring in illegal custody.
Bottom Line:
Custodial death resulting from non-compliance with procedural safeguards under the CrPC. Compensation of ₹ 5,00,000 awarded by the Court for the custodial death of the petitioner's father, with liberty to seek higher compensation through civil proceedings.
Statutory provision(s):
Article 226, Constitution of India; Sections 41A, 41B, 41C, 50, 50A, 161, 176(5), 302, 325, 354, 506, 448 IPC, Criminal Procedure Code, 1973
Sarifuddin v. State of Assam, (Gauhati)(DB) : Law Finder Doc Id # 2981525
