SC empowers Assam Human Rights Commission to probe fake encounter allegations
The SC said the AHRC would be at liberty to carry out further investigations into the allegations & govt 'has to cooperate'
A file image of Supreme Court of India (Photo: IANS)
Guwahati, May 28: The Supreme Court, on Wednesday, directed the Assam Human Rights Commission (AHRC) to conduct an independent and expeditious enquiry into allegations of fake police encounters in Assam.
A bench of Justices Kant and N Kotiswar Singh said that the AHRC would be at liberty to carry out further investigations into the allegations and the Assam government has to cooperate and remove any institutional barriers in the enquiry process.
The Court also directed the AHRC to issue public notice, inviting all those claiming to be aggrieved, and ensure that their confidentiality is not compromised and the matter is approached with sensitivity.
“It must be ensured that victims and family members are given fair opportunity,” the Bench observed.
To ensure that victims are not disadvantaged, the Court directed the Assam State Legal Services Authority to provide legal aid to those who may require it.
Notably, a plea was filed by Arif Md Yeasin Jwadder, an advocate from Assam, raising the issue of encounters by police personnel in the state.
The petitioner claimed that more than 80 fake encounters took place between Assam police and persons accused in different cases since May 2021 (when Chief Minister Himanta Biswa Sarma took charge). He sought an enquiry by an independent agency, like the CBI, SIT or a police team from other states.
Following the petition, a notice was issued on July 17, 2023, calling for the response of the National Human Rights Commission (NHRC) and the AHRC, besides the Assam government.
In April, 2024, the Court suggested that the petitioner place on record some additional information; following which Jwadder filed affidavits of the Tinsukia encounter case where 3 persons (Deepjyoti Neog, Biswanath Burgohain and Manoj Buragohain) were allegedly injured in police firing.
The Court, on September 10, upon hearing the matter conveyed its intention to form a commission to look into the matter adding that accused persons losing their lives “just like that” is not good for the rule of law.
In October, the top Court called for data (in the context of Assam) regarding enquiry, if any, initiated by the AHRC into cases where allegations of 'fake' encounter were levelled.