Guwahati: The Supreme Court has directed the Assam Human Rights Commission to conduct an “impartial and diligent” inquiry into 171 alleged cases of fake encounter killings by police in Assam.
A bench of Justices Surya Kant and N Kotiswar Singh directed the commission to probe the alleged cases of fake encounter killings.
Acknowledging that the allegations were serious, the bench directed the commission to issue a public notice asking families of alleged encounter victims to come forward.
The bench passed the direction on a petition filed by advocate Arif Yeasin Jwadder against Gauhati High Court’s refusal to order an independent probe into the encounters.
Though the top court observed that a mere compilation of cases cannot lead to omnibus judicial directions, it acknowledged that the allegation of fake encounters is serious.
“The allegation that some of these incidents may involve fake encounters is indeed serious and if proven, would amount to a grave violation of right to life under Article 21 of the Constitution. It is also equally possible that upon a fair, impartial and independent investigation, some of these cases might may turn out to be necessary and legally justified,” the court said.
The petition was filed by an advocate, Arif Yeasin Jwadder, after the Gauhati High Court had dismissed his plea in 2023 concerning alleged fake encounters by Assam Police.
Jwadder has alleged that over 80 such encounters have led to 28 deaths and 48 injuries since May 2021, when Himanta Biswa Sarma took office.
“Accordingly, we deem it appropriate to entrust the inquiry of the matter to the State Human Rights Commission,” it ordered.
The Court said that victims of the alleged incidents or their families must be given a fair and meaningful opportunity to participate in the proceedings.
The court also directed the commission to ensure the confidentiality of the identity of the alleged victims. “The protection of identity is essential to create an atmosphere of trust… ensure families of the victims are not disadvantaged,” the Supreme Court bench said.
Further, the Supreme Court said that if the commission felt a more detailed probe was required, it could engage retired police officials of “impeccable integrity” for inquiries.
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The court also asked the Assam government to ensure that all requirements are met and ensure access to all records to the Human Rights Commission.
The Assam government had earlier contended that in the last ten years, only 10 percent of fleeing criminals have been injured in police action and this was done as a measure of self defence.
