Supreme Court asks Assam Human Rights Commission to probe police encounter cases

The Supreme Court on Wednesday directed the Assam Human Rights Commission (AHRC) to conduct an independent probe into over 171 police encounters between May 2021 and August 2022 in the state where proper procedure was allegedly not followed.

Advertisement

“We entrust this matter to Assam Human Rights Commission for necessary enquiry, independently and expeditiously. It must be ensured that victims and family members are given a fair opportunity,” a Bench of Justice Surya Kant and Justice N Kotiswar Singh said.

It directed the AHRC headed by a retired high court chief justice to issue a public notice inviting claims of the aggrieved, while ensuring confidentiality.

The Bench said a blanket direction based on a mere compilation of cases was not justified, even as it noted that a few specific instances might warrant further evaluation.

The top court disposed of a petition filed by Arif Md Yeasin Jwadder alleging fake encounters by the Assam police. He had sought an independent investigation into over 171 police encounters in Assam during May 2021-August 2022.

The Bench concluded that most of the instances of alleged non-compliance with procedural guidelines laid down by the top court in 2014 in the PUCL case on the investigation into police encounters highlighted by the petitioner appeared to be factually incorrect.

Barring a few of the cases, it was difficult to conclude that there were flagrant violations of guidelines, the top court said.

It granted liberty to the AHRC to initiate further investigations into the allegations of fake encounters and asked the Assam government to extend cooperation and remove any institutional barriers in the inquiry process.

It asked the AHRC to safeguard the privacy of the complainants and to approach the matter with sensitivity.

It directed the Assam State Legal Services Authority to provide legal aid to the kin of victims of alleged fake encounters.

The Assam Government has contended that the 2014 guidelines for investigating police encounters were duly followed in the state and that any unnecessary targeting of security forces was demoralising.

The Assam Government had said the Supreme Court’s guidelines for the investigation of police encounters in the 2014 case of PUCL v. Maharashtra were being “followed to the hilt” and questioned the bona fides of the petitioner who had challenged a January 2023 order of the Gauhati High Court dismissing his plea.

In its order, the high court referred to an affidavit of the Assam Government stating that 171 incidents took place between May 2021 and August 2022 in which 56 people died, including four in custody, and 145 were injured.