Assam delays filing affidavit in SC in fake encounter case

Guwahati: The Assam government has once again failed to file an affidavit to counter the allegations of fake encounters made by a petitioner.

The petitioner, Supreme Court lawyer and activist Arif Jwadder, alleged that over 80 people have been killed in fake encounters in Assam since May 20, 2021.

Hearing the case, an apex court bench comprising Justices Surya Kant and KV Viswanathan on Thursday directed the Assam government to file the affidavit within four weeks.

The Supreme Court on July 17 last year had issued a notice to the Assam government and other respondents on the plea filed by Arif Jwadder and directed to Assam government to respond within four weeks.

On September 22, a bench comprising Justice S Ravindra Bhat and Justice Aravind Kumar took up the matter for hearing but adjourned the court proceedings in the absence of the Assam government’s affidavit.

Jwadder had filed a special leave petition (SLP) in the Supreme Court after the Gauhati High Court refused to issue an order directing an independent probe into encounter killings in Assam.

In the SLP, Jwadder has sought the registration of a First Information Report (FIR) for murder under Section 302 of the Indian Penal Code against police personnel over fake encounter killings.

He has also sought the constitution of Human Rights Courts in Assam as necessitated under Section 30 of the Protection of Human Rights Act.

The petitioner has alleged that over 80 police encounters have taken place since 2021 and that 28 people were killed and 48 injured in “fake encounters.”

Senior lawyer and activist Prashant Bhushan appeared for the case. He argued that the people killed or injured were not dreaded criminals and that the modus operandi of police has been the same in all the encounters.

Apart from the Assam government, the Assam DGP, and the state law and justice department have been made respondents in the case.