Encounter death in Assam: Hmar women bodies stage protest, demand judicial probe by SC judge

Syllad | The Rising MeghalayaJuly 24, 2024

Two women organizations- the Hmar Women Association (HWA) and the Kuki Women Organisation for Hmar Rights (KWOHR) on Wednesday demanded the Central government constitute a special investigation team (SIT) led by a judge of the Supreme Court of India to conduct a judicial probe into the alleged custodial killing of three Hmar youths in Cachar district of Assam.

Three Hmar youths Lallungawi Hmar (21) son of Lalremseng Hmar of K Bethel Village, Lalbiekkung Hmar (33) son of Lalthavel Hmar of K Bethel Village, Bhunankhal Dikush, Lakhipur, Cachar district, Tipaimukh and K Joshua Lalrinsang (35) son of Tianghmengthang Hmar of Senvon Lailak, Pherzawl district, Manipur were killed by the Assam Police in an encounter on July 16.

As per Cachar Police, three youths travelling in a three-wheeler were arrested on July 16 at around 4.30 pm. On interrogation, they revealed that their fellow members were taking shelter in Bhubaneswar Hill area. Police said a special operation was launched on the morning of July 17, around that area in which the three militants wearing bulletproof jackets and helmets were apprehended after they got injured in a crossfire.

The two women’s organizations staged a protest rally in Churachandpur in Manipur on Wednesday to register their protest against the extrajudicial killing of three youths and seek justice to the families.

The rally started at Muolvaiphei Playground and ended at the Wall of Remembrance, Tuibuong.

In a memorandum to Union home minister Amit Shah, Hmar Women Association president Rebecca Hmar and Kuki Women Organisation for Human Rights president Ngaineikim Haokip sought a special investigation team (SIT) to be constituted and monitored by the Supreme Court against the extra-judicial actions of Assam Police leading to the death of three youths from Kuki-Zo community.

“There has been a gross violation of human rights, fundamental rights and the constitutional protection guaranteed to the people by a section of the Assam Police. Disregarding the rules and procedures established by law the Assam Police has attempted to cover up the extrajudicial killings to protect itself despite the compelling evidence which is conclusive of the allegation made against it by the victims’ families that it was a fake and staged encounter,” the memorandum stated.

“It is still unclear under which section of the BNS or IPC the deceased were arrested and killed. The deceased were likely denied their fundamental rights under Article 22(1) of the Constitution, namely, their rights to be informed of the reason for their arrest,” the memorandum alleged.

The organizations alleged that the police did not produce the youths before the nearest magistrate within 24 hours, which is a complete violation of the procedures to be followed and laid down for every arrest. Instead, the police kept the deceased youths in police custody till the next day.

“A video that has resurfaced on the internet depicts the deceased individual cooperating with the police and showing no signs of resistance during the arrest. This portrayal suggests that at the time of the incident, the individual did not pose a threat to peace, public order, or society as a whole. As a result, it calls into question the justification for the use of force by the police in this situation,” the memorandum also said.

It also stated that another video taken after the arrest depicts the deceased individuals kneeling on the ground, blindfolded with their hands tied behind their backs, and being harassed by police officers. This disturbing footage showcases the vulnerable position in which the deceased men were placed, as they faced potential threats to their very lives by such egregious abuses of power by the police.

“The clothes worn by the deceased men during their arrest and after their death are not the same,” they said.

It is clear that the Assam Police lied regarding the cause of death of the victims, which we believe they did so to evade any further investigation that could expose the heinous crimes they had committed, they said.

However, contradictory to the video evidence, the police notice said they died during a fire exchange the magistrate between militants and the police. Producing the suspects before should have been the priority and protection of the suspects under their arrest is their duty rather than exposing the suspect to a dangerous environment even if we gave them the benefit of the doubt on the existence of more militant groups in the area where the suspects succumbed to death. However, they, on the pretext of further ligation of the case which could have been done later and without the involvement of the suspects, caused the death of the suspects, they also alleged.

Since the cause of their death is being recorded by the police as “death succumbed a cross counter firing” it becomes increasingly challenging for any investigation agency to delve deeper into the matter. Despite the overwhelming evidence against the police readily available on the internet, the blatant violations of the suspects’ human and fundamental rights remain unchecked – from the moment of their arrest to their untimely demise, the memorandum added.

Such protests were also organized at Haflong (Assam), Chandel, Tengnoupal, Lamka, and Senvon of Manipur.