The issue involved in these proceedings are relatable to custodial death.

Since the issues are of similar nature both the petitions were set down for hearing analogously.

2. Civil Rule No. 3809 of 1994 pertains to the death of Thaneswar Sarmah, a young man of 24 years who at the relevant time was studying in Nagaon College, Nagaon. In the writ petition it was alleged, inter alia, that at about 3.00 a PM on 6.8.94 some police personnel and members of para military forces of Morigaon District along with some youths surrounded the residence of late Jogeswar Sarmah at Village Boghera in the district of Morigaon, the father of the petitioner, and took up Thaneswar Sarmah into their custody in presence of the members of the family. The members of the family of Thaneswar Sarmah was informed by the Morigaon Police on 7.8.94 that Thaneswar Sarmah died in b an encounter with the security personnel at Village Mayengia under Mikirbheta Police Station. Petitioner further contended that police did not hand over the dead body to the members of the family and he was cremated near Morigaon Civil Hospital under strict supervision of Morigaon Police and Civil Administration on 7.8.94. The petitioner, t

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