Assam News: The Supreme Court has given a big and historic decision regarding the cases of alleged fake encounters in Assam. The court has directed the Assam Human Rights Commission to conduct a fair and serious investigation of 171 such cases in which the police have been accused of fake encounters. The Supreme Court bench, which included Justice Suryakant and Justice N Kotishwar Singh, admitted that these allegations are very serious. The court said that if these allegations are proved to be true, then it would be a violation of the right to life under Article 21 of the Constitution. At the same time, the court also said that after a fair investigation, it is also possible that in many cases the action of the police may prove to be necessary and legally correct.
Victim families will get a chance to participate in justice
The court has ordered the Assam Human Rights Commission to issue a public notice in this matter so that the victim families of the alleged encounters can come forward and present their views. The Supreme Court clearly said that the victims or their families should be given equal opportunity in the investigation process. The court said that if the commission feels that the matter needs to be investigated in depth, then it can also include retired police officers with impeccable image in the investigation. These instructions were given so that there is no biased investigation and the truth can be brought out.
Assam government objected but the court gave a clear message
On behalf of the Assam government, Solicitor General Tushar Mehta argued in the court that such an investigation would demoralize the security forces as they risk their lives to protect the country from terrorism and extremism. However, the Supreme Court made it clear that when serious allegations are made, it is necessary to investigate them. The court said that it is very important to keep the identity of the victims confidential during the investigation so that their families have confidence and they can put their point without any fear or pressure.
Historic order on advocate’s petition
This petition was filed by advocate Arif Yasin Jwadar, whose petition was rejected by the Guwahati High Court in 2023. In his petition, Jwadar had alleged that 28 people have died and 48 have been injured in more than 80 alleged encounters since Himanta Biswa Sharma became the Chief Minister in May 2021. The Supreme Court not only ordered an inquiry but also said that the Assam government will have to provide all possible help to the Human Rights Commission and ensure access to all necessary documents. This order is considered an important step towards protecting human rights in India as it not only gives hope of justice to the victims but also ensures transparency and fairness of the investigation.
