The Supreme Court questioned Assam’s police over concerns of targeting a specific community through encounter killings. The Court emphasized the need for faster investigations into alleged fake encounters, with Justice Bhuyan noting that magisterial inquiries should take only 10 to 15 days. The case was adjourned to November 26.
New Delhi: The Supreme Court has raised concerns about whether the Assam State Police had been targeting a specific community through encounter killings. This inquiry arose during the hearing of a plea filed by advocate Arif Yeasin Jwadder [Arif Yeasin Jwadder vs State of Assam and ors], which challenges the growing number of police encounters in Assam.
A Bench of Justices Surya Kant and Ujjal Bhuyan pressed State counsel about the slow progress in investigating these alleged fake encounters. The Bench questioned whether the Assam Police had been “going overboard in their duties” and underscored the importance of a timely investigation into these cases.
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“Are police personnel targeting a community? Going overboard in their duties? Petitions such as this cannot be dismissed by stating as premature in nature,”
remarked Justice Bhuyan, who is originally from Assam. He further emphasized that magisterial inquiries into such encounters should take only 10 to 15 days, especially as many of these incidents occurred in 2021 and 2022.
The Bench acknowledged Assam’s troubled history with encounters and noted that reports have indicated that such incidents have indeed taken place.
“Whatever it maybe, 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 remarked.
The plea heard by the Supreme Court sought the registration of First Information Reports (FIRs) for the murder of individuals allegedly killed in police encounters. According to the petition, over 80 police encounters have been reported in Assam since May 2021. The plea expressed concerns over the lack of independent investigations into these incidents.
The Assam government, in its defense, argued that only 10 per cent of fleeing criminals in the last decade were injured by police as a self-defense measure. However, the Bench was not entirely convinced by this justification, especially considering the slow pace of ongoing investigations into alleged fake encounters.
The petitioner, Jwadder, approached the Supreme Court after the Gauhati High Court refused to order an independent investigation. The Gauhati High Court had dismissed Jwadder’s plea, criticizing him for relying on media reports and making what the court deemed vague and omnibus assertions.
During the hearing, the Supreme Court also discussed the role of the National Human Rights Commission (NHRC) in addressing such grave issues. The Bench expressed disappointment with the NHRC’s handling of cases related to fake encounters in Assam. Justice Kant remarked,
“We expected NHRC to be at the forefront on these civil liberties issues.”
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The Court also disapproved of the Assam Human Rights Commission’s decision to close a complaint in one fake encounter case after the wife of the deceased did not pursue the case. Justice Kant strongly stated, “We clearly disapprove this practice. Why do you have to close the complaint? You pursue it.” The Bench hinted that instead of closing cases, the State-level human rights body could have provided the court with data for further investigation.
The Supreme Court adjourned the case to November 26, 2024, and directed the State of Assam to submit detailed information on 171 encounter cases and the status of the investigations into these incidents. The Court will examine this data to determine if there is a pattern of encounter killings that specifically targets a community, as alleged.
The ongoing case raises important questions about police accountability, the role of human rights commissions, and the need for swift and transparent investigations into state-sponsored violence. The Supreme Court’s scrutiny may lead to significant legal and administrative changes in how such cases are handled in Assam and across India.
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