Gauhati HC Allows Families to Retrieve Bodies of Alleged Hmar Youths Killed in Encounter

The Gauhati High Court has permitted the family members of three alleged Hmar youths, killed in an alleged encounter with Assam Police last month, to take possession of their bodies.

Previously, the Court had directed the Assam Government to preserve the bodies and expedite the chemical analysis report, as well as prepare the final report on the cause of death.

A division bench of Justices Kalyan Rai Surana and Soumitra Saikia stated, “…it is provided that the petitioners and/or any other family members of the three deceased persons, whose 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 bodies into their custody for performing their last rites. The written request for taking custody of the bodies shall be presented before the Chief Superintendent-Cum-Principal, SMCH, Silchar.”

The bench further directed that if the family members wish to transport the bodies outside Assam by road, they must inform the Superintendent of Police, Cachar, who will facilitate the process. “Logistic support shall be provided up to the nearest airport or to the nearest border of the State of Assam,” the Court directed.

During the hearing, Senior Advocate Colin Gonsalves, representing the petitioners, stated “on instructions” that the family members would have no objection to taking custody of the bodies and performing their last rites. He also mentioned that if the petitioners wished to transport the bodies out of Assam, the “State would provide necessary assistance” up to the state border.

The Advocate General for the state requested two weeks to file a detailed affidavit, having already submitted a short affidavit. The High Court granted this request, directing the State to file a detailed affidavit by August 30 and scheduling the next hearing for September 10, 2024.

The petition alleged that the three deceased were arrested on July 16 at around 4:30 P.M. from Ganganagar Part-VI, Krishnapur Road, Cachar, Assam by six Assam Police personnel. The petition further claimed that the detainees, taken out of Kachudharam Police Station in the early hours of July 17, were “killed in extrajudicial execution.” One of the petition’s requests sought to have the postmortem conducted by doctors outside Assam. The High Court had issued a notice on July 24.

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