Gauhati High Court Permits Family To Perform Last Rites Of Three 'Hmar Militants' Killed In Contentious Encounter By Assam Police

Earlier, the High Court had directed the State of Assam to preserve the bodies of the deceased persons as well as expedite the report of chemical analysis and prepare the final report of the cause of death.

A division bench of Justices Kalyan Rai Surana and Soumitra Saikia said, "...it is provided that the petitioners and/or any other family members of the 3 (three) deceased persons, whose dead bodies are lying in the morgue of SMCH, Silchar, shall be at liberty to satisfy the Chief Superintendent-Cum-Principal, SMCH, Silchar as to their identities and thereafter, take the dead bodies into their custody for performing their last rights. The written prayer for taking custody of the those dead bodies shall be presented before the Chief Superintendent-Cum-Principal, SMCH, Silchar". 

The High Court further directed that if the family members of the deceased desired to take away the dead bodies outside the State of Assam by road, they would inform the Superintendent of Police, Cachar, who do the needful to enable the family members of the deceased to take away the dead bodies.

“Their logistic support shall be provided upto the nearest Airport or to the nearest border of the State of Assam,” the Court directed. 

During the hearing on Wednesday, Senior Advocate Colin Gonsalves appearing for the petitioners submitted "on instructions" that family members of the petitioners would have no objection to "take custody of the dead bodies and to perform their last rights".

The senior counsel further submitted that in the event the petitioners desire to take the dead body out of Assam, the "State would provide necessary assistance" upto the state border. 

The Advocate General appearing for the state submitted that the State has filed a short affidavit and he prayed for two weeks time in order to file a detailed affidavit. 

Allowing the prayer the High Court directed the State to file an affidavit by August 30, listing the matter on September 10. 

Background

The plea alleged that the three deceased persons were arrested on July 16 at about 4.30 P.M. from Ganganagar Part-VI, Krishnapur Road, Cachar, Assam by six personnel of Assam Police. It further alleged that all those detained persons were taken out from Kachudharam Police Station in the early hours of July 17 were "killed in extra judiciary execution". 

 One of the prayers in the petition sought a direction to the respondent authorities to have the postmortem of all the dead bodies conducted by the doctors outside of Assam. The High Court had issued notice on July 24. 

Case Title: Siemthang Hmar & 2 Ors. v. The State of Assam & 6 Ors.

Case No.: W.P. Crl.)/23/2024

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