The Supreme Court on Tuesday reserved its verdict on a petition concerning alleged fake police encounters in Assam after the state government assured adherence to the 2014 guidelines for investigating such incidents. This plea involves scrutiny of 171 alleged encounters between May 2021 and August 2022.
Representing Assam, Solicitor General Tushar Mehta informed the bench, comprised of Justices Surya Kant and N Kotiswar Singh, that the guidelines set forth in the Supreme Court’s 2014 judgment in PUCL v. Maharashtra were being meticulously followed. He emphasized that while culpable security personnel must face consequences, it is equally important to shield the innocent to prevent demoralization within the forces, particularly given the challenging conditions and terror activities they face.
Mehta also raised concerns about the credibility of the petitioner, Arif Md Yeasin Jwadder, questioning his motives and the basis of his allegations, noting that no FIRs have been lodged regarding these encounters.
Countering this, Advocate Prashant Bhushan, representing the petitioner, argued that an honest officer has nothing to fear from an investigation if no wrongdoing has occurred. He highlighted testimonies from injured individuals and victims’ relatives which suggest that these encounters were fabricated. Bhushan advocated for the establishment of an independent investigative committee led by a retired judge to ensure transparency and accountability in these cases.
Earlier in the proceedings, Bhushan pointed out that the Assam government’s adherence to the 2014 guidelines was suspect, as FIRs were typically registered against the alleged victims rather than the officers involved, contrary to the mandated procedure.
The Supreme Court had previously clarified on February 4 that its focus was on whether its guidelines regarding extrajudicial killings were being observed, rather than delving into the specific incidents of the alleged 171 encounters.
This case was escalated to the Supreme Court following a dismissal by the Gauhati High Court of a PIL that challenged the handling of these encounters by the Assam Police. The high court’s decision was based on an affidavit from the Assam government, which provided details of the encounters, including the numbers deceased and injured.
