GUWAHATI: The Supreme Court on Tuesday, September 10 said that it intends to form a commission to delve into the alleged fake encounters and custodial deaths in Assam.
A bench headed by J. Surya Kant and comprising J. Ujjal Bhuyan was hearing a Speacial Leave Petition (SLP) against alleged fake encounters by Assam Police . The SLP was filed by Arif Jwadder, advocate, challenging the Gauhati High Court order disposing the PIL of the petitioner.
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The petitioner filed affidavits of the victims of Tinsukia encounter case in which three persons were injured in police firing in 2023. The affidavits contain narration by the victims of the encounter where they have stated that the encounter was fake and it was done intentionally by the then SP Mrinal Deka and other police personnel.
When counsel for state Senior Additional Advocate General for Assam Nalin Kohli said that not a single police personnel, who were involved in encounter, has been promoted, Justice Bhuyan said that it is not a good thing for rule of law that so many accused are losing their lives like that.
Kohli stated that it is in the process of filing affidavit today as directed by the court and after hearing both the parties the court adjourned the matter till October 22. It is to be noted that the government didn't file affidavit till date for the last two dates. Prashant Bhushan, Advocate -on- record and civil rights activist appeared on behalf of the petitioner.
THE AFFIDAVIT
In his affidavit, Dipjyoti Neog, a former security assistant with Assam State Transport Corporation, alleged that he was shot in the legs by the then SP, Mrinal Deka.
He said that on December 23, 2023 he along with his friends Biswanath Borgohain and Manuj Buragohain had gone for picnic in Arunachal Pradesh. On their way back in the evening, they stopped by the roadside as they were feeling “drowsy” and were taking a nap.
Around 9 PM, some Assam Rifles personnel came and picked them up and took them to their camp where they were questioned about possible links with any banned organizations, particularly United Liberation Front of Assam (ULFA) which they denied.
Neog said that an Assam Police team led by the SP arrived around midnight and the three of them were taken in the police vehicles through Hahkhati forest reserve instead of the highway.
According to him, at around 3 AM on December 24, the vehicles were stopped and they were brought out and made to lie down on the ground. “The Superintendent of Police ,
Mrinal Deka started shooting us one by one from close range. Mrinal Deka with his own hand shot two bullets on my leg from close range.
One bullet hit my leg and another missed. I was shot first, then Manuj (Buragohain) and Biswanath (Borgohain) were also shot. All of us were shot on our legs,” the affidavit says.
He denied having tried to snatch the pistol from the circle police officer from his holster and tried to run away. “The allegations on the FIR lodged by the police are concocted and fabricated. It is also not true that any one of us wanted to flee. It was also practically notpossible to flee from police personnel who were around 15 nos. and heavily armed,” he said.
Similar affidavits were filed by Manuj’s wife for him and Biswanath. While Manuj allegedly suffered two bullet wounds in the legs, Biswanath was hit once although two shots were fired.
THE POLICE CASE
According to the police, during the investigation of Sadiya PS Biswanath, Manuj and Dipjyoti, who left their residences with the intention of joining
ULFA, were apprehended at Kharsang in Arunachal Pradesh. While they were being taken to Hahkhati in search of the boy with whom they had contacted to join ULFA, Dipjyoti escaped from police custody by taking the service pistol from circle inspector, Dholla. By taking advantage of this the two others also escaped from the police custody. “As a last resort, to save government property and their lives and to prevent the said persons from escaping, informants and other accompanying staff fired on them,” police said.