MEMORANDUM to Amit Shah

To.

Shri Amit Shah,

Union Home Minister of India,

New Delhi.

Subject: Request for Commissioning a Special Investigation team to be constituted and monitored by the Honourable Supreme Court against the Extra-judicial Actions of Assam Police ( jurisdiction) in regards to the Death of (3) Three Youths from Kuki-Zo Community in Assam.

Sir,

The Kuki-Zo women submit this memorandum for your kind consideration to initiate an

investigation into the extra judicial killings of three youths in Cachar district of Assam on 16th July 2024. The Kuki-Zo women would like to draw your attention that there has been a gross

violation of human rights, fundamental rights and the constitutional protection

guaranteed to t 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.

We have, therefore, requested the constitution of a Special Investigation Team headed by Judges of the Supreme Court of India for a detailed investigation to understand the facts of

the case as they stand.

*We are completely shocked by the appalling facts that have come to light during our inquiry, which we would like to bring to your attention. These are the following*

1. The deceased victims, Lallungawi Hmar (21) s/o Lalremseng Hmar of K. Bethel Village, Lalbiekkung Hmar (33)s/o  Lalthavel Hmar of K. Bethel Village, Bhunankhal Dikush, Lakhipur, Cachar District, Assam Tipaimukh and K, Joshua Lalrinsang (35) s/o Tianghmengthang Hmar of Senvon Lailak, " Sub-division, Pherzawl District, Manipur are convicted and criminalised by the Assam Police without trial as per procedure laid down by law.

2. It is still unclear under which section of the BNS or IPC the deceased were arrested and killed.

3. It is very likely that the deceased were denied their fundamental rights under Article 22(1) of the Constitution, namely, their rights to be informed of the reason for their arrest.

4. The Assam Police did not produce the deceased 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 Assam Police kept the deceased youths in police

custody till the next day.

5. The family members, friends, and relatives of the deceased have given sworn testimony indicating that they were not informed of their arrest. This failure to notify them of the arrest isa violation of another fundamental right guaranteed under Article 22(2) which

provides individuals with the right to inform their loved ones about their arrest and the reasons behind it.

6. They were denied their fundamental right to consult legal aid of their choice although it is learned that they had spent the night at the police station.

7. The family members of the deceased got the news of their arrest and death from the social media/internet, the news and information which they should have rather received it first from the police.

8.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 oder, 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. Without evidence of aggression or violence towards the officers, the notion of the police defending themselves in this encounter seems unfounded.

9. Another video taken after the arrest depicts the deceased individuals kneeling on the ground, blindfolded with their hands tied behind their backs, 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.

10. The clothes worn by the deceased men during their arrest and after their death are not the same.

11. Aside from the violations of the above mentioned fundamental rights and protection given by the law to the suspects, it is evident that the deceased youths were denied the Right to Equality under Article 14 of the constitution. They were denied the right to avail the protection a and benefits other suspects enjoy and they were denied the right to fair trial guaranteed to them by the constitution under Article 21.

Thus, it is evidently 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. The suspects succumbed to death while they were under the custody of police as a result of their arrest and at

a place outside the police station, with a video existing as proof, wherein in the

said video, the suspects were seen being blindfolded, hands tied and forced to

kneel down, surrounded by aggressive police personnel. However, contradictory

to the video evidence, the police notice said they died during -fire exchange

the magistrate

between militants and the police. Producino the susnects befoe

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 doubt on the existence of more militant groups in the

area where the suspects succumbed to death. However, they, on the pretext of

further

igation of the case which could have been done later and without the

involvement of the suspects, caused the death of the suspects.

Sir, it is therefore justified to conclude that the suspects lost their lives due to

extra-judicial killings by the Assam Police, organising a 'fake encounter which the

Supreme Court observed and equated to cold-blooded murder in its judgment on

Prakash Kadam vs Ramprasad Vishwanath Gupta case in 2011. The above findings

lead to the conclusion that there were widespread violations of fundamental

rights and human rights guaranteed under the Constitution against the arrested suspects since the arrest and even after their death. In this case, the Assam Police violated the supremacy of the Constitution and the rule of law.

 If adequate measures are not taken that could deter other police forces in the country, it will serve as a green light for other unethical police forces to misuse their power and authority. Unethical police personnel like them pose a threat to Constitution and the citizens. Therefore, protecting citizens from unethical activities and abuse of power is a necessity for a constitutional democracy like Ours.

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. As such, the only viable solution to ensure justice for the victims and their grieving families is the establishment of a Special Investigation Team led by a judge or judges from the esteemed Supreme Court. This approach will guarantee a thorough and impartial examnination of the events leading to the tragic loss of life, ultimately delivering the justice that is rightfully deserved.

An impartial investigation headed by judges of the Supreme Court is an absolute necessity in order to maintain integrity and credibility in the process. The potential risks of threats or bribes influencing the outcomes of the investigation are significantly lower when conducted by a Commission under the guidance of the highest judicial authority in the country. Such a Commission would serve as a powerful deterrent against corrupt practices within the police fraternity, preventing them from wielding unchecked power

over the lives of citizens. It is crucial to uphold the principles of justice and fairness by establishing a Special investigation Team/Commission led by Supreme Court judges to ensure accountability and transparency in the process.

Lastly, the  justice for the victims, particularly in this case, and the fate of many others who can become victims, depends upon your decision today. Believing in your wisdom and your empathy for the vuinerable sections including the Schedule Tribes of india, we are confident of a positive response from your office.

Yours sincerely,

(NGAINEIKIM HAOKIP)

President

Kuki Women Organisation for Human Rights

General Headquarters

(REBECCA HMAR)

President

Hmar Women Association

General Headquarters

Copy to:

1. Chairperson, National Commission for Human Rights, for kind information and

necessary actions

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