Staff Reporter
Guwahati: The Gauhati High Court today passed an order that allowed the family members of the three Hmar youths allegedly killed in a police encounter to take custody of their dead bodies and perform the last rites. The court had earlier directed the Silchar Medical College and Hospital (SMCH) to preserve the dead bodies.
The three youths, Lallungawi Hmar (21) Lalbiekkung Hmar (33) and K Joshua Lalrinsang (35), allegedly died in an encounter with the Assam police that occurred in the Bhuban Hills under the Lakhipur police station in Cachar district on July 17, according to the petitioner. The police, on the other hand, stated that the youths were killed in a crossfire with rebels when they had gone to the spot on the basis of information supplied by the youths, who were said to be suspected militants.
The order was issued by the division bench comprising Justice Kalyan Rai Surana and Justice Soumitra Saikia, in case no. W.P. (Crl.)/23/2024, after hearing C. Gonsalves, counsel for the petitioners. The court also heard D. Saikia, Advocate General, Assam.
In the course of the submissions, the counsel for the petitioners submitted that he has received instructions on the postmortem report, along with the affidavit-in-opposition filed by the respondents. He also submitted that the family members of the petitioners would have no objection to taking custody of the dead bodies and performing their last rights.
In this context, the Advocate General submitted that in the event the petitioners desire to take the dead bodies out of the state, necessary assistance would be provided by the Superintendent of Police, Cachar, up to the airport or nearest border of Assam, as the order stated.
Accordingly, it was provided that the petitioners or any other family members of the deceased Hmar youths, whose dead bodies are lying in the morgue of SMCH, Silchar, have to satisfy the Chief Superintendent-cum-Principal, SMCH, as to their identities and thereafter take the dead bodies into their custody for performing their last rites.
The Advocate General prayed for two weeks to file a detailed affidavit in the matter, which was allowed by the court. The state government was asked to file an affidavit by August 30, 2024, and a rejoinder, if any, by the petitioners at least one day prior to the next date of listing, which was fixed for September 10, 2024.
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