Supreme Court Calls Assam Police Encounters 'Very Serious,' Demands Investigation Details

The Supreme Court on Tuesday raised serious concerns about 171 police encounters in Assam that occurred between May 2021 and August 2022. The court emphasized the gravity of the issue and asked for detailed information, including the investigations conducted into these encounters.

A bench of Justices Surya Kant and Ujjal Bhuyan was hearing a plea challenging a decision by the Gauhati High Court. In January 2023, the High Court had dismissed a public interest litigation (PIL) that questioned the police encounters. According to the Assam government’s report to the High Court, 171 incidents took place during this period, resulting in 56 deaths, including four in custody, and 145 injuries.

"171 Encounters Is Alarming"

During the hearing, the Supreme Court called the situation “very serious” and noted that 171 incidents were concerning. When Assam’s lawyer argued that the High Court found the PIL “premature,” the Supreme Court disagreed, stating, “Petitions like this can't be brushed aside as premature.”

Advocate Prashant Bhushan, representing petitioner Arif Md Yeasin Jwadder, argued that many of these encounters appeared unlawful. He also said that Assam Police had not followed the guidelines laid out by the Supreme Court in 2014 for handling police encounter cases. Bhushan pointed out that both the National Human Rights Commission (NHRC) and Assam Human Rights Commission had failed to do their job in investigating these cases.

Supreme Court Urges Human Rights Commissions to Act

The Supreme Court urged the human rights commissions to take action. “In civil liberty matters, the Supreme Court expects you to be at the forefront,” the court told the commissions’ lawyers. The court emphasized that once a complaint is received, the commissions must investigate the truth, without waiting for further instructions.

While recognizing the sensitivity of the situation in Assam, the court said the state must still follow the law. The state was asked to provide details on all 171 cases, including who conducted the investigations and what their conclusions were.

A Troubled Past and New Challenges

During the hearing, Assam’s lawyer mentioned that the state had registered separate First Information Reports (FIRs) for all 171 cases. He added that while Assam previously struggled with militancy, the state is now facing a "new war" against drugs. However, the court pointed out that not all the encounters were related to drugs.

The court has scheduled the next hearing for November 26.

Background of the Case

In July 2023, the Supreme Court asked the Assam government for its response to the petition. The petitioner had claimed that over 80 "fake encounters" were conducted by Assam Police between May 2021 and the time of filing the case. These encounters allegedly resulted in 28 deaths. The petitioner argued that those killed or injured were not dangerous criminals and requested an independent investigation by the Central Bureau of Investigation (CBI), a Special Investigation Team (SIT), or police from other states.

Sources: Internet Sources & Twitter X 

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