SC asks Assam human rights panel to probe police encounters

The Supreme Court on Wednesday directed the Assam Human Rights Commission (AHRC) to conduct an independent probe into over 171 police encounters that took place in the state between May 2021 and August 2022, in which proper procedure was allegedly not followed.

“We entrust this matter to the Assam Human Rights Commission for necessary enquiry, independently and expeditiously. It must be ensured that victims and family members are given a fair opportunity,” a Bench of Justice Surya Kant and Justice N Kotiswar Singh said.

It directed the AHRC, headed by a retired HC chief justice, to issue a public notice inviting claims of the aggrieved, while ensuring confidentiality.

The Bench said a blanket direction based on a mere compilation of cases was not justified even as it noted that a few specific instances might warrant further evaluation.

The top court issued these directions while disposing of a petition filed by Arif Md Yeasin Jwadder alleging fake encounters by the Assam Police. He had sought an independent investigation into more than 171 police encounters in the state.

The Bench concluded that most of the instances of alleged non-compliance with procedural guidelines, laid down by the top court in 2014, highlighted by the petitioner appeared to be factually incorrect. Barring a few of the cases, it was difficult to conclude that there were flagrant violations of guidelines, the top court said.

It granted liberty to the AHRC to initiate further investigations into the allegations of fake encounters and asked the Assam Government to extend cooperation and remove any institutional barriers in the inquiry process.

It asked the AHRC to safeguard the privacy of the complainants and approach the matter with sensitivity. It directed the Assam State Legal Services Authority to provide legal aid to the kin of victims of alleged fake encounters.

The Assam Government has contended that the 2014 guidelines for investigating police encounters were duly followed in the state and that any unnecessary targeting of security forces was demoralising.

The Assam Government further questioned the bona fides of the petitioner, who had challenged a January 2023 order of the Guwahati High Court dismissing his plea.

In its order, the HC had referred to an affidavit of the Assam Government stating that 56 people had died, including four in custody, and 145 were injured in the 171 encounters between May 2021 and August 2022.

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