Supreme Court directs Assam Human Rights Commission to probe alleged 'fake' police encounters in state

The Supreme Court of India has directed the Assam Human Rights Commission to look into claims of false police encounters in Assam. This directive emerged from public interest litigation (PIL) alleging that the Assam government contravened Supreme Court guidelines from the 2014 PUCL case, which laid the groundwork for probing police encounters. Justices Surya Kant and NK Singh delivered the judgement, stressing the necessity of a fair and unbiased investigation into these grave allegations.

Justice Surya Kant remarked, "This case pertains to police encounters in Assam. Public officials' use of excessive or unlawful force is indefensible. We clarified that simply accumulating case files does not justify court intervention, as it might shield the culpable." The petitioner submitted a list of 117 encounters, but the Court emphasized these cannot automatically be deemed false without thorough scrutiny. "Identifying genuine cases is crucial. PILs cannot replace procedural protections. Justice requires a personalised approach," Kant stated.

The Supreme Court underscored the significance of procedural protections, refering Article 21 of the Constitution to uphold public confidence in the legal system. "The Court found many claims of non-compliance with PUCL guidelines factually incorrect," Justice Kant noted. Nevertheless, the possibility of some encounters being dubious was acknowledged, highlighting the need for further inquiry.

The Court also stressed the pivotal role of Human Rights Commissions in rights protection. "Human Rights Commissions, both state and national, are vital in rights protection. It is observed that the Assam Human Rights Commission is now led by a distinguished legal authority," Justice Kant declared. The State Human Rights Commission's 2022 decision was overturned, with orders for the SHRC to re-examine the issue.

Authorities were reminded to approach the issue with sensitivity, safeguarding the privacy and protection of those affected. "Protection of identities is essential...Commission to proceed with sensitivity...it shall have the freedom to initiate further investigations...State of Assam to fully cooperate and dismantle any institutional hurdles," Justice Kant explained.

The Supreme Court instructed the State Human Rights Commission to publish public notices in newspapers in both English and local languages, ensuring the voices of affected families are heard. The Commission was also encouraged to include independent members in the process. The state government was directed to provide full forensic assistance and necessary resources, along with eliminating any administrative obstacles.

Senior advocate Prashant Bhushan, representing the petitioner, argued that the Supreme Court's 2014 guidelines had been "blatantly ignored." He pointed out significant failures, such as FIRs being filed against victims instead of the responsible police officers. The PIL was submitted to challenge a January 2023 Gauhati High Court ruling that dismissed concerns about Assam Police encounters.

The petitioner informed the High Court that over 80 "fake encounters" allegedly took place between May 2021 and the filing of the writ petition, resulting in 28 deaths. An affidavit from the Assam government recorded 171 incidents from May 2021 to August 2022, with 56 deaths and 145 injuries. The Supreme Court previously described the situation as "extremely serious," emphasising the necessity for comprehensive investigation reports on each incident.