New Delhi: The Supreme Court on Tuesday reserved its verdict on a plea seeking an independent investigation into 171 alleged fake police encounters in Assam between May 2021 and August 2022.
The Assam government assured the court that it has adhered to the 2014 guidelines laid out in PUCL v. Maharashtra for investigating police encounters.
A bench comprising Justices Surya Kant and N Kotiswar Singh heard Solicitor General Tushar Mehta, who represented the Assam government.
Mehta defended the state’s handling of police encounter cases, stating, “All necessary protocols are being followed, and if security personnel are guilty, they will be punished. However, unnecessary targeting demoralises the forces, especially given the challenging conditions they operate under.”
He also questioned the petitioner’s motives, emphasising that no FIRs were filed claiming the encounters were fake.
Advocate Prashant Bhushan, representing petitioner Arif Md Yeasin Jwadder, countered that adherence to the guidelines should not deter honest officers if no wrongdoing occurred.
Bhushan argued that statements from victims’ families and injured individuals indicate the encounters were fabricated.
He called for an independent investigation led by a retired judge, asserting, “We need to ensure accountability and register FIRs against culpable officers.”
The petitioner challenged a January 2023 Gauhati High Court order that dismissed a PIL seeking action over the alleged encounters.
According to the Assam government’s affidavit, 171 encounters occurred during the specified period, resulting in 56 deaths (including four in custody) and 145 injuries.
Earlier, the Supreme Court described the situation as “very serious” and had sought detailed responses from the Assam government.
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In February 2024, the bench clarified that it would not assess the merit of individual cases but would examine compliance with its 2014 guidelines on extra-judicial killings.
The petitioner alleged gross violations of the guidelines, claiming most FIRs were filed against the victims rather than the police officers involved.
Bhushan highlighted that over 80 alleged fake encounters between May 2021 and the filing of the petition led to 28 deaths.
The court’s verdict on the matter will address the demand for independent scrutiny of the cases while balancing the state’s interest in safeguarding its security forces.
