Supreme Court questions Assam probe into alleged fake encounter cases

Guwahati: The Supreme Court on Monday raised concerns about investigations into alleged fake encounters in Assam during a hearing on a petition challenging a Gauhati High Court order.

A bench comprising Justices Surya Kant and KV Viswanathan questioned the Assam’s government's adherence to guidelines for encounter investigations laid down in the PUCL judgment.

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

Advocate Prashant Bhushan, representing the petitioner, argued that the Assam police failed to follow proper procedure in the aftermath of encounters.

He pointed out that the state, in its reply, claimed the PUCL guidelines weren't mandatory for every encounter.

The Court expressed its concerns about the fairness and transparency of the investigations.

The bench questioned the state on the mechanisms in place to ensure compliance with the PUCL guidelines and requested suggestions for enforcing them.

Notably, the bench asked for names of retired judges and police officers who could be appointed to examine each case and recommend remedial measures for any violations found.

Further, the Supreme Court directed the Assam Human Rights Commission (AHRC) to file documents related to inquiries ordered by the commission into these encounters.

The court specifically requested details on the officers who conducted the inquiries and their outcomes.

The petition, filed by advocate Arif Jwadder, seeks an independent probe into alleged fake encounters in Assam.

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

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