The court says Assam has a troubled history concerning fake encounters, citing past reports and incidents
The Supreme Court on Tuesday, October 22 asked the Assam government whether the state police had been targeting a particular community through encounter killings.
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A Bench comprising Justices Surya Kant and Ujjal Bhuyan was hearing a plea raising concerns over fake encounter killings in Assam and seeking the registration of First Information Reports (FIRs) for the offence of murder against police personnel accused of being involved in such encounter killings, according to reports.
Raising concerns, the Bench posed tough questions to the state counsel regarding the slow progress of investigations into these cases, some of which date back to 2021 and 2022.
“Are the police personnel targeting a community?” Justice Bhuyan, who hails from Assam, asked during the hearing. “Are they going overboard in their duties?” a report in Bar and Bench said.
He further rebuffed the premature dismissal of such petitions given the time that had passed. "The magisterial inquiry should not still be ongoing. It should take no more than 10 or 15 days. These incidents happened years ago, and continuing investigations would be futile," he said.
The court also noted Assam's troubled history concerning fake encounters, citing past reports and incidents. "Whatever the case may be, it cannot be said that these encounters did not happen. The State has a very troubled past, and there are reports as well. You cannot deny that," the Bench remarked.
During the hearing, the Supreme Court additionally expressed disappointment with the National Human Rights Commission (NHRC) for not taking a more proactive stance on the issue of fake encounters. "We expected the NHRC to be at the forefront in protecting civil liberties," Justice Kant said.
The court also disapproved of the Assam Human Rights Commission’s decision to close a complaint in one encounter case after the deceased's wife chose not to pursue it.
The plea was brought before the Supreme Court by advocate Arif Yeasin Jwadder, who sought the registration of First Information Reports (FIRs) for murder against police personnel involved in the alleged encounter killings. Jwadder's petition came after the Gauhati High Court refused to order an independent probe into the incidents.
The Assam government defended the police, stating that in the past decade, only 10% of fleeing criminals had been injured in police actions, which were taken in self-defence.
The court adjourned the case to November 26, requesting detailed updates on a total of 171 encounter cases and the progress of investigations into them.
