Gauhati High Court Orders Assam Government to Expedite Chemical Analysis Report in Death of Three Hmar Youths

The Gauhati High Court has directed the Assam Government to file an affidavit regarding the death of three Hmar youths at Bhuban Pahar on July 17. The directive came during the second hearing of the writ petition titled “Siemthang Hmar and 2 Others vs. The State of Assam and 6 Others,” heard by a two-judge bench comprising Justice Kalyan Rai Surana and Justice Soumitra Saikia.

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

The bench emphasized the necessity for the State to expedite the chemical analysis report and finalize the post-mortem findings. The court stated, “Taking note of the submissions made by the learned Senior Counsel for the petitioners as well as the submissions made by the learned Advocate General, Assam, the Court is of the view that since in the postmortem report the opinion regarding the cause of death is kept pending till receipt of the chemical analysis report of viscera from Directorate of Forensic Science (DFS), Assam, Kahilipara, it will be appropriate to direct the State to expedite the report of the chemical analysis and to prepare the final report of the cause of death so that the State respondents can file their affidavit-in-opposition along with a copy of the postmortem report.”

The court also addressed the matter of the deceased youths’ bodies, which are currently being preserved at the morgue of Silchar Medical College and Hospital (SMCH). The court reaffirmed 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 take note of the fact that by the last order dated 24.07.2024, the Court had directed that the dead bodies of the 3 (three) deceased persons be kept in the morgue of SMCH, Silchar. In this regard, the Court is of the opinion that unless the family members of the deceased persons desire to take custody of the dead bodies for performing last rites, the dead bodies be kept in the morgue of SMCH, Silchar, till the next date of listing, which will be subject to further orders of the Court.”

The court 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 to be conducted by doctors independent of the state of Assam, the court has not granted this demand as of now.