The Gauhati High Court has directed the Assam Government to pay compensation of ₹5 lakh to the family of Azizur Rahman of Kalain in Cachar district, who died while in police custody.
A division bench of the High Court, hearing a writ petition filed by the victim’s family, ordered the Home and Political Department of the Assam Government to pay the compensation within three months. The court further stated that if the amount is not paid within the stipulated period, interest at the rate of 6 percent per annum will be applicable.
The case dates back to 2012, when clashes broke out between two groups at Kalain Bazaar under Katigorah Police Station during a 12-hour bandh called by the Hindu Jagaran Manch. Several individuals from both sides, along with police personnel, were injured in the violence.
Following the incident, police arrested Azizur Rahman in connection with a case. While in custody, Rahman reportedly became seriously ill and was later shifted to Silchar Medical College and Hospital, where doctors declared him dead.
His family subsequently lodged an FIR at Katigorah Police Station, alleging that Rahman died as a result of police torture while in custody. They further accused a senior police officer of subjecting him to severe harassment that allegedly led to his death.
As no substantial progress was made in the investigation, the family approached the Gauhati High Court seeking justice. During the hearing, the court examined submissions from both the petitioners and the state authorities.
After reviewing all aspects of the case, the court observed that Azizur Rahman was not arrested in accordance with the legal procedures. It also noted that his residence was located only about 500 metres from the Kalain police outpost, and the police could have informed his family about his deteriorating health condition.
The court further held that the police failed to comply with the provisions of Sections 41B, 41C, 50 and 50A of the Code of Criminal Procedure while arresting Rahman. Considering these circumstances, the High Court directed the Assam Government’s Home and Political Department to pay ₹5 lakh as compensation to his family.
It may be noted that the criminal case registered at Katigorah Police Station in connection with Rahman’s death remains pending before the court of the Chief Judicial Magistrate, Cachar.