National Desk, 1st May: During a hearing on a petition challenging a Gauhati High Court order, the Supreme Court on April 30 expressed serious concerns regarding the investigations into alleged fake encounters in Assam. The bench, comprising Justices Surya Kant and KV Viswanathan, questioned the Assam government’s compliance with encounter investigation guidelines outlined in the PUCL judgment.
The petitioner, Supreme Court lawyer Arif Jwadder, revealed that over 80 individuals have reportedly been killed in fake encounters in Assam since May 20, 2021. Advocate Prashant Bhushan, representing the petitioner, argued that the Assam police failed to adhere to the correct procedures following encounters, emphasizing that the state treated the PUCL guidelines as non-compulsory for every encounter.
Expressing doubts about the fairness and transparency of the investigations, the court sought measures from the state government to ensure compliance with the PUCL guidelines, including suggestions for their effective implementation. Notably, the bench requested the names of retired judges and police officers who could be appointed to scrutinize each case and recommend remedial actions for any identified violations.
Furthermore, the Supreme Court instructed the Assam Human Rights Commission to furnish documents related to inquiries initiated into these encounters, specifically seeking details about the officers conducting the inquiries and their findings.
Advocate Arif Jwadder’s petition calls for an independent investigation into the alleged fake encounters in Assam and advocates for the establishment of Human Rights Courts in the state as mandated under Section 30 of the Protection of Human Rights Act. The respondents named in the case include the Assam government, the Assam DGP, and the state law and justice department.