Gauhati HC notice to Assam government, DGP on plea for independent probe into Cachar ‘encounter’

Gauhati High Court issues notice to Assam government and DGP on petition for independent probe into alleged extrajudicial killings.

The Gauhati High Court has issued notice to the Assam government and the Director General of Police on a writ petition seeking an independent investigation into the alleged “extra-judicial execution” of three Hmar men in Cachar district last week.

On July 17, the Assam police identified the three Hmar men as “militants” and said they were first apprehended and then killed in an encounter with other alleged militants near the Bhuban Hills. However, the families of the three men aged between 21 and 35 have alleged that it was a “staged encounter” and also filed a complaint on July 19 with the local police, for registering a First Information Report (FIR) in this regard.

The families then approached the High Court with a petition seeking an independent probe by a senior police officer from outside Assam and the arrest of police officials who apprehended the men, including the Superintendent of Police of Cachar district. The petition also asked that the Government of Assam be directed to pay ₹1 crore in compensation to the families of each of the deceased.

In their petition, the families said that despite “serious apprehensions of foul play” being reported to the authorities in Assam, no action had been initiated so far. It added that “any clarifications or reports” issued by the authorities in Assam cannot be relied upon, including the post-mortem report.

The families added that this “smacks of a deliberate attempt on part of the Assam police and the State government under its Chief Minister Himanta Biswa Sarma of concealing the truth and shielding of police personnel involved in the instant offence of murder”.

In their plea to have investigative procedures moved out of Assam, the petitioners said the Assam police “cannot be trusted with evidence” as they are likely to tamper with it or destroy it.

In its July 24 order, a Bench of Justices Kalyan Rai Surana and Soumitra Saikia called for a police report on the case to be submitted before it in a sealed cover. It also directed that the bodies of the three men be kept at the morgue of Silchar Medical College and Hospital till further orders, while noting that the families had been asked to collect the bodies by July 24. The next hearing in the case is scheduled for Friday (July 26).