Death of 3 Hmar Youths: Gauhati HC Directs State Govt to File Affidavit

The Gauhati High Court has directed the Assam Government to file an affidavit concerning the death of three Hmar youths at Bhuban Pahar.

The directive was passed during the hearing of the writ petition titled “Siemthang Hmar and 2 Others vs. The State of Assam and 6 Others,” presided over by a division bench of Justice Kalyan Rai Surana and Justice Soumitra Saikia.

The court’s decision was influenced by the lack of a clear “cause of death” in the post-mortem report submitted in a sealed cover by the Advocate General (AG) of Assam. This report, provided after a request during the first hearing on July 24, has left the cause of death unresolved pending the chemical analysis report of the viscera from the Directorate of Forensic Science (DFS), Assam, Kahilipara.

The division bench emphasized the need for the State to expedite the chemical analysis report and finalize the post-mortem findings.

“Considering the submissions made by the learned Senior Counsel for the petitioners as well as those by the learned Advocate General, Assam, the Court is of the view that since the post-mortem report has deferred the opinion regarding the cause of death until the chemical analysis report of the viscera from the Directorate of Forensic Science (DFS), Assam, Kahilipara is received, it is appropriate to direct the State to expedite the chemical analysis report and prepare the final report on the cause of death. This will enable the State respondents to file their affidavit-in-opposition along with a copy of the post-mortem report,” the bench noted.

The high court also addressed the issue of the deceased youths’ bodies, which are currently being preserved at the morgue of Silchar Medical College and Hospital (SMCH). The court reiterated its order from July 24, stating that the bodies should remain in the morgue unless the families request custody for last rites.

The court remarked, “We note that by the last order dated 24.07.2024, the Court had directed that the bodies of the three deceased persons be kept in the morgue of SMCH, Silchar. Accordingly, unless the family members of the deceased request custody of the bodies for performing last rites, the bodies should be kept in the morgue of SMCH, Silchar, until the next date of listing, which will be subject to further orders of the Court.”

The bench has scheduled the next hearing for August 2 and instructed the government to file the affidavit-in-opposition one day prior. Despite the petitioners’ request for a second post-mortem by doctors independent of the state of Assam, the court denied the plea for the time being.