Writ Petition at Gauhati High Court Orders Preservation of Bodies in Alleged Extrajudicial Killings of Hmar Youths Until Further Order

In the ongoing controversy of the alleged “extra-judicial killings” of three arrested Hmar Youths, suspected to be militants, a writ petition of Habeas Corpus under Article 226 of the Indian Constitution. The case filed at the Gauhati High Court was heard by a two-judge bench yesterday. The order passed yesterday asked the District and Police Administration of Cachar to allow keep the dead bodies of three deceased persons in the Morgue of SMCH, Silchar until the High Court passes further order. Earlier the authorities had asked to take away the dead bodies by July 24. The family members of the deceased demand a postmortem to be done by doctors from outside.

In the case titled, “Siemthang Hmar and 2 Others vs. The State of Assam and 6 Others,” the two bench judges of Justice Kalyan Rai Surana and Justice Soumitra Saikia heard the case on July 24. The case of a writ petition filed under Article 226 of the Constitution of India is of “Habeas Corpus”. This article deals with the power of High Courts to issue certain writs. The writ filed Habeas Corpus, which literally means “to produce the body”. It is a protection against illegal and arbitrary detention of a person. The petitions for habeas corpus determine whether the individual has been arrested according to the procedure established by law.

Lallungawi Hmar, Lalbiakng Hmar, and Joshua Hmar who were arrested on “July 16 at about 4.30 P.M. from Ganganagar Part-VI, Krishnapur Road, Cachar, Assam by 6 (six) personnel of
Assam Police and it is alleged that all those detained persons were taken out from Kachudharam Police Station in the early hours of morning on 17.07.2024 and they have been killed in extra judiciary execution”, reads the opening sections of the court order.

The counsel for the petitioners has also submitted that one of the prayers in the writ petition is to direct the respondent authorities to have the postmortem of all the dead bodies conducted by the doctors outside of Assam. As per the court order, while the police asked the family members to claim the body from the morgue by July 24, the court order read, “…till the orders are passed on the next date, the District and Police Administration of Cachar District shall allow to keep the dead bodies in the Morgue of SMCH, Silchar.”

The Gauhati High Court asked the Government Advocate of Assam to, “obtain instructions in the matter (of postmortem) and inform the Court as to whether any postmortem has been conducted or not in respect of the dead bodies and shall produce the post mortem report, if available, on the next date fixed”.

The next hearing of this case will be listed on July 26.