During a hearing on a petition challenging a Gauhati High Court order, the Supreme Court on Monday expressed apprehensions regarding investigations into alleged fake encounters in Assam.
A bench comprising Justices Surya Kant and KV Viswanathan raised questions about the Assam government's adherence to guidelines for encounter investigations as outlined in the PUCL judgment.
The petitioner, Supreme Court lawyer Arif Jwadder, claimed that over 80 individuals 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 following encounters, emphasizing that the state deemed the PUCL guidelines non-mandatory for every encounter.
The Court expressed concerns regarding the fairness and transparency of the investigations and questioned the state on mechanisms to ensure compliance with the PUCL guidelines, soliciting suggestions for their enforcement.
In a notable move, the bench requested names of retired judges and police officers who could be appointed to scrutinize each case and propose corrective actions for any identified violations.
Additionally, the Supreme Court directed the Assam Human Rights Commission (AHRC) to furnish documents related to inquiries initiated by the commission into these encounters, specifically seeking details on the officers conducting the inquiries and their findings.
Advocate Arif Jwadder's petition calls for an independent probe into alleged fake encounters in Assam and advocates for the establishment of Human Rights Courts in the state as mandated under Section 30 of the Protection of Human Rights Act.
Respondents in the case include the Assam government, the Assam DGP, and the state law and justice department.
