The Supreme Court on Wednesday entrusted the Assam Human Rights Commission (AHRC) with the responsibility of conducting an independent and expeditious probe into police encounter cases in Assam, where procedural lapses were alleged to have occurred between May 2021 and August 2022.
A bench of Justices Surya Kant and N Kotiswar Singh passed the order while disposing of a plea filed by petitioner Arif Md Yeasin Jwadder, who had sought a comprehensive investigation into more than 171 police encounters in the state during the specified period. The petitioner claimed many of these were “fake encounters” in violation of Supreme Court guidelines laid down in PUCL v. State of Maharashtra (2014).
The court, while declining to issue a blanket order based solely on a compilation of cases, acknowledged that a few specific instances flagged by the petitioner might merit closer examination. “Most of the alleged violations appear to be factually incorrect,” the court noted, adding that “barring a few, it is difficult to conclude there were flagrant breaches.”
The court directed the AHRC — chaired by a retired Chief Justice of a High Court — to independently assess the cases and issue a public notice inviting claims from victims and families, while strictly safeguarding their confidentiality and privacy.
The bench further ordered that the Assam government must fully cooperate with the AHRC and remove any institutional impediments that may hinder the inquiry. Additionally, the Assam State Legal Services Authority has been asked to provide legal aid to the families of victims who allege fake encounters.
The apex court emphasized that the probe should be conducted with “sensitivity” and ensure a fair hearing for the complainants.
Background of the Case
The plea before the Supreme Court challenged a January 2023 order of the Gauhati High Court, which had dismissed a PIL concerning the rising number of police encounters in Assam. The Assam government, in its response, had submitted that 171 such incidents took place between May 2021 and August 2022, resulting in 56 deaths (including four custodial deaths) and injuries to 145 individuals.
In prior hearings, the Assam government asserted that it was “fully complying” with the 2014 Supreme Court guidelines on encounter investigations, and alleged that the petitioner’s claims were lacking in bonafide and unfairly targeted law enforcement officials.
In October 2023, the apex court termed the matter “very serious” and sought detailed responses, including records of the inquiries already undertaken. The court, however, made it clear that it would not delve into the merit of each encounter but would only assess procedural compliance.
With the AHRC now tasked with a full-scale probe, the court has effectively opened the door for accountability and independent scrutiny of police actions during the period in question.
