Guwahati: The Assam government informed the Supreme Court on Tuesday that it had strictly adhered to the 2014 guidelines for investigating police encounters, asserting that allegations of “fake encounters” were unfounded.
In its submission, the government argued that unnecessary targeting of security forces could have a demoralizing effect on personnel working under challenging conditions.
The plea before the court sought an independent investigation into 171 alleged fake police encounters that took place in Assam between May 2021 and August 2022. The bench, led by Justices Surya Kant and N Kotiswar Singh, reserved its verdict on the matter after hearing arguments from both sides.
Representing the Assam government, Solicitor General Tushar Mehta emphasized that the guidelines laid out by the Supreme Court in the PUCL v. Maharashtra case in 2014 were being followed rigorously. Mehta further stated, “If security personnel are guilty, they must face consequences, but if innocent, they must be protected. Unnecessary criticism can demoralize forces who work in challenging circumstances.”
Mehta also raised concerns about the credibility of the petitioner, Arif Md Yeasin Jwadder, questioning his motives and the validity of the claims regarding the encounters. He argued that Jwadder had presumed the encounters were fake without proper investigation, especially as no FIRs had been filed in the cases.
In contrast, Advocate Prashant Bhushan, representing the petitioner, rejected the argument that investigating the encounters would demoralize the police. Bhushan maintained that honest officers had nothing to fear and pointed to statements from victims and their families indicating that some encounters were indeed faked.
The petitioner requested an independent probe into the encounters, ideally led by a retired judge, to ensure accountability and transparency. He emphasized that FIRs should be registered against the police officers found guilty of misconduct.
In its February 4 order, the Supreme Court had clarified that it would not delve into the merits of the encounters themselves but would instead focus on whether the 2014 guidelines were followed. The Gauhati High Court had earlier dismissed a PIL on the encounters, referencing the Assam government’s affidavit that reported 56 deaths and 145 injuries resulting from the incidents.
The case highlights ongoing concerns over extra-judicial killings and the need for transparent investigations into police conduct, as the Supreme Court awaits final submissions before issuing its verdict.
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