The Supreme Court on April 30 expressed concerns over the investigations into alleged fake encounters in Assam during a hearing on a petition challenging a Gauhati High Court order. The bench, comprising Justices Surya Kant and KV Viswanathan, questioned the Assam government's compliance with the encounter investigation guidelines from the PUCL judgment.
The petitioner, Supreme Court lawyer Arif Jwadder, stated that over 80 individuals have been killed in fake encounters in Assam since May 20, 2021. Advocate Prashant Bhushan, representing the petitioner, argued that the Assam police didn't follow the correct procedure after encounters, highlighting that the state considered the PUCL guidelines as non-compulsory for every encounter.
The court expressed doubts about the investigations' fairness and transparency and asked the state about measures to ensure compliance with the PUCL guidelines, seeking suggestions for their implementation. The bench notably asked for the names of retired judges and police officers who could be appointed to examine each case and suggest remedial actions for any identified violations.
The Supreme Court also instructed the Assam Human Rights Commission to provide documents related to the commission's initiated inquiries into these encounters, specifically asking for details on the officers conducting the inquiries and their findings.
Advocate Arif Jwadder's petition demands an independent investigation into the alleged fake encounters in Assam and calls for the creation of Human Rights Courts in the state as required under Section 30 of the Protection of Human Rights Act. The respondents in the case include the Assam government, the Assam DGP, and the state law and justice department.