The Gauhati High Court has directed the Assam government to pay ₹5 lakh to the family of Azizur Rahman, who died in police custody in Cachar district in 2012, after holding that his arrest did not comply with statutory safeguards. The compensation will carry 6% annual interest if it is not paid within three months.
A division bench of Justice Kalyan Rai Surana and Justice Susmita Phukan Khaund passed the order recently in a writ petition filed by Rahman’s son, Sarifuddin. The judgment, which had been reserved since May, followed a 14-year legal battle over the 60-year-old man’s death after he was taken to the Kalain Police Patrol Post.
The court held that Rahman’s arrest was illegal because the police had not complied with provisions of the Code of Criminal Procedure, including Sections 41B, 41C, 50 and 50A. These provisions concern procedures for arrest, identification and documentation by police, communication of the grounds of arrest and informing relatives or other nominated persons about the detention.
Rahman was picked up by a police team on the night of July 6, 2012, in connection with cases registered after a clash between two groups in the area. The dispute followed a shutdown called by an organisation protesting the then MLA’s second marriage and opposition to that shutdown. According to an affidavit filed by the then Cachar superintendent of police in November 2015, Rahman complained of uneasiness and collapsed while in custody.
He was taken to the Kalain First Referral Unit and later referred to Silchar Medical College and Hospital, where he was declared brought dead. The high court noted that Rahman’s house was about 500 metres from the patrol post, but there was no recorded attempt to inform his family about his deteriorating condition or to allow a family member to accompany him to hospital. It also noted that he was moved around 28 to 30 km from the Kalain facility to Silchar in a police vehicle, despite an ambulance being available at the referral unit.
Rahman’s wife, Saleha Khatun, filed a first information report at Katigorah police station on July 8, 2012, alleging that he had been forcibly taken away and may have died because of custodial torture. The case was registered under several provisions of the Indian Penal Code, including Section 302 relating to murder. An initial investigation was closed with a final report in December 2012, but the chief judicial magistrate at Silchar rejected it in July 2013 and ordered a reinvestigation.
A later final report submitted in April 2023 was also not accepted after the informant filed an objection. In April 2025, the chief judicial magistrate at Cachar directed that a complaint case be registered. The high court said that proceedings before the trial court were pending and declined to comment on the allegations of custodial torture or criminal liability, noting that such observations could prejudice either side.
The bench also referred to circumstances involving the medico-legal register at the Kalain referral unit. An affidavit by the hospital’s then deputy superintendent stated that an entry on the relevant page had been erased or altered. The register was taken into custody and later returned to the attending doctor for production before the court, but was not returned to the deputy superintendent before his retirement in May 2014.
The court clarified that the ₹5 lakh payment was palliative and would not prevent the family from seeking higher compensation before a competent civil court. It held that Rahman’s legal representatives or heirs were entitled to the compensation and directed the Assam government to complete payment within three months, failing which interest would apply.
