The Supreme Court (SC) has adjourned the matter of alleged fake encounters in Assam to November 26, 2024, directing the state government to submit comprehensive details on 171 encounter cases, including the progress of ongoing investigations.
As per reports, Advocate Prashant Bhushan represented the petitioner, Jwadder, while Senior Additional Advocate General Nalin Kohli appeared for Assam. The Bench on Tuesday was hearing a plea concerning fake police encounters in Assam, seeking the registration of FIRs for murder against police personnel involved accused of being involved in such encounter killings.
The SC questioned the Assam government about whether the state police had been specifically targeting a particular community through encounter killings. A Bench comprising Justices Surya Kant and Ujjal Bhuyan inquired about the slow progress of investigations into alleged fake encounter cases.
Justice Ujjal Bhuyan, who hails from Assam, expressed concerns, stating, "Are police personnel targeting a community? Going overboard in their duties? Petitions such as this cannot be dismissed by stating as premature in nature ... The magisterial enquiry should not be going on till now. It should hardly take 10 or 15 days. These incidents are of 2021 and 2022. It would be futile."
The Bench emphasized Assam's difficult history regarding fake encounters, noting, "Whatever it may be, it cannot be said that encounter did not happen. State has a very troubled past. There are reports as well. You cannot deny that."
The court further criticized the National Human Rights Commission (NHRC) for its handling of such cases, remarking that it expected the NHRC to play a more proactive role. "We expected NHRC to be at forefront on these civil liberties issue," Justice Kant observed.
In one instance, the Assam Human Rights Commission had closed a complaint after the deceased's wife did not pursue the case. The court also mentioned it would examine whether state-level bodies could have pursued the cases with supporting data, rather than closing them.
The Assam government had previously defended its actions, arguing that only 10 percent of fleeing criminals in the past decade had been injured, which it justified as self-defense. The petition, filed by advocate Arif Yeasin Jwadder, followed the Gauhati High Court's refusal to order an independent probe. Jwadder's plea mentioned over 80 encounters since May 2021.