The Supreme Court on Wednesday ordered the Assam Human Rights Commission (AHRC) to conduct an independent and speedy investigation into 171 alleged fake police encounters. In these incidents, 56 people died and 145 were injured between May 2021 and August 2022. A bench of Justices Suryakant and N Kotiswar Singh directed the resumption of pending complaints in the AHRC which were on hold since January 2022. The court said that a fair and impartial investigation is extremely important for the victims to get justice. This intervention came after the Guwahati High Court in January 2023 dismissed a petition seeking a CBI inquiry.
Serious allegations in the petition that many procedures were violated
The petition was filed by advocate Arif Mohammad Yasin Javdar. He alleged that the Assam Police violated the guidelines laid down by the Supreme Court in the 2014 People’s Union for Civil Liberties vs State of Maharashtra case. In this decision, it was said that conducting a magisterial inquiry after encounter deaths, registering an FIR and forensic examination of weapons was necessary. The Assam government admitted in the High Court that 171 encounters took place during the said period in which 56 people died and 145 were injured. Prashant Bhushan, the lawyer for the petitioner, said that in many cases, FIRs were lodged against the victims and the investigation was done by the police of the same districts in which the allegations were made. Also, ballistic reports were not taken in all the cases.
Supreme Court said fair investigation is necessary, supported the victims
Justice Suryakant said in the judgment that even though some of the allegations of the petitioner seem factually incomplete or wrong, it is very important to follow procedural protection in cases related to the fundamental right to life under Article 21. The court said that fairness is the foundation of all legal processes and hence the investigation should be independent and free from institutional bias. AHRC has been directed to issue public notices to the victims and their families to come forward. These notices will be published in at least one national English newspaper and one major local language newspaper. The confidentiality of the victims will be maintained and if needed, the help of such police officers will be taken for investigation whose integrity is unquestionable and whose rank is higher than those under investigation.
In the hope of justice, the petitioner said the fight will continue
The court directed the state government to provide access to records, forensic resources and other support so that there is no hindrance in the proceedings of the AHRC. The Assam State Legal Services Authority has been asked to provide legal aid to the victims and the petitioner has also been allowed to cooperate with the AHRC on behalf of the victims. The Supreme Court made it clear that its order does not mean that the state government is being accused of any malice or institutional bias. Petitioner Javdar welcomed the decision and said that this is a historic step towards justice for the common citizens. He said that this is a ray of hope for those families whose sons were killed without trial, without evidence and without remorse. He said that this fight will continue not only in the courtroom but in the conscience of the country.
