The Gauhati High Court has directed the release of the bodies of three deceased individuals to their families, allowing them to perform last rites. The court’s order came during the hearing of a writ petition filed by Siemthang Hmar and two others, residents of Assam and Manipur, against the State of Assam and other respondents.
The petitioners sought the release of the bodies, which had been lying in the morgue of Silchar Medical College and Hospital (SMCH). The petitioners’ counsel, Mr Colin Gonsalves, informed the court that the family members had no objection to taking custody of the deceased bodies to perform the last rites.
During the hearing, the learned Advocate General, Mr D. Saikia, representing the State of Assam, assured the court that if the petitioners wished to transport the bodies outside Assam, the state would provide the necessary assistance up to the state border. The court presided over by Justices Kalyan Rai Surana and Soumitra Saikia, noted these submissions and decided that there was no need to address the interim prayers related to the release of the bodies.
The court ordered that the petitioners or their family members could take custody of the bodies after satisfying the Chief Superintendent-Cum-Principal of SMCH, Silchar, about their identities. The court also instructed that if the bodies were taken out of Assam, the Superintendent of Police, Cachar, would provide the necessary logistical support.
The court also said the Mizoram Chief Secretary’s (respondent No. 7) presence was no longer required in this case and ordered the registry to strike out the name from the list of respondents. Furthermore, the court granted the State of Assam two weeks to file a detailed affidavit, with a deadline of August 30, 2024. A rejoinder, if necessary, is to be filed by the petitioners one day before the next hearing on September 10, 2024.
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