Pointing to the post-mortem reports of three men – who were branded militants and killed while in Assam police custody last month – their families have told the Gauhati High Court that they were tortured before being shot dead.
The men – Joshua from Senvon village in Manipur’s Pherzawl district, and Lallungawi Hmar and Lalbikung Hmar, both residents of K Bethel village in Assam’s Cachar district – were killed on July 17. The police had claimed the three were Hmar militants whom they had apprehended the previous day. Police claimed they took the men on a “special operation” against other militants on July 17, during which the three died in the crossfire.
Their families had approached the court, alleging that the men were killed in a fake encounter.
Appearing for the petitioners on Wednesday, senior advocate Colin Gonsalvez said they were satisfied with the post-mortem report and that they would no longer seek a second autopsy, as had been demanded by the families earlier. However, presenting the counter to the state’s affidavit, he raised several questions on the nature of injuries.
The post-mortem reports, which The Indian Express has seen, mention multiple bruises apart from bullet injuries on the bodies of all three men. In the case of Lallungawi Hmar, the report mentions a wound mark on the chest area, a wound mark in the left leg, a bruise mark in his private parts, and that “bruise (sic) can be found in many parts of the body”.
In the case of Joshua, the report mentions a bruise mark on the chest, a wound mark “near left bum region”, and “wounds in many parts of the body”. In case of Lalbikung Hmar, the report mentions a bruise-like mark on the right cheek, another in the left waist area, a cut mark “in right side of (the) bum area” and that “bruise and wound marks can be seen in many parts”.
In the final opinion of the doctor, it states that Lallungawi had 11 injuries caused by bullets but one caused by blunt force before his death. In Joshua’s case, the opinion states that 16 injuries were caused by bullets and six were caused by blunt force impact before his death. In Lalbikung Hmar’s case, there were 23 bullet injuries and six blunt force ones, the opinion states.
Gonsalves pointed to these findings to allege that the men had been “tortured before they were killed”.
“Most importantly, see the findings on the private parts of all these deceased persons. The private parts are bruised, wound marks can be seen. If this is an encounter, you’re dead with clean bullet entry and exit wounds. Here there is a question of having bruise marks on private parts, indicating torture,” said Gonsalvez.
He also sought attention to the descriptions of the bullet injuries on all three deceased as having “blackened, abraded and inverted margins”, which he alleged is a sign of being shot at a close-range.
While the petitioners sought a case to be registered and investigated by a DGP or senior police officer from outside Assam, and an interim compensation of Rs 20 lakh for each of the families, the Advocate General for the state of Assam sought time to file a detailed affidavit to respond to the allegations. The court directed that the affidavit be filed one day before the next hearing on September 10.
The court also issued detailed instructions to enable the families of the three men to take their bodies from the morgue at Silchar Medical College and Hospital – where they have been lying for more than three weeks – and conduct their final rites.
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