The Supreme Court has expressed serious concerns about the rise of alleged “fake” encounters in Assam, questioning the adherence to proper investigation protocols and raising the issue of potential targeting of specific communities.
This came during the hearing of a petition challenging a Gauhati High Court decision that dismissed a PIL seeking accountability for these incidents.
Justices Surya Kant and Ujjal Bhuyan emphasised the importance of transparency in handling civil liberty cases and underscored the responsibility of the Assam Human Rights Commission (AHRC) in ensuring proper investigation.
Advocate Prashant Bhushan, representing the petitioner, highlighted the gross non-compliance with guidelines established by the Supreme Court in the PUCL vs State of Maharashtra case. He cited numerous instances of encounters lacking forensic analysis, independent inquiries or judicial oversight, often resulting in police filing FIRs against the victims of these encounters.
The bench was informed of specific cases, including one where a woman alleged that her husband had been tortured and killed in police custody. Bhushan stressed that no independent investigations have been conducted into these claims, raising fears of widespread misuse of power by law enforcement.
The State of Assam, represented by Additional Advocate General Nalin Kohli, argued that the petition was premature and based on misleading information. However, the court expressed dissatisfaction with the AHRC’s approach, particularly its tendency to close complaints without thorough investigation. The Supreme Court has directed the State of Assam to provide details on 171 encounter cases, with the matter set for further hearing on November 26, 2024.
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