The Supreme Court of India on Tuesday stated that while it could not delve into each individual case of the alleged 171 police encounters reported in Assam from May 2021 to August 2022, it would examine whether the established guidelines on such incidents were followed.
During the proceedings, a bench consisting of Justices Surya Kant and N Kotiswar Singh addressed the concerns presented by advocate Prashant Bhushan, who represented the petitioner, Arif Md Yeasin Jwadder. Bhushan highlighted the grave nature of the encounters and referenced multiple letters from the families of the victims, calling the number of incidents “shocking.”
Bhushan argued that the Supreme Court’s guidelines, set forth in the PUCL versus Maharashtra case of 2014, which dictate the procedures to be followed during police encounters to ensure accountability, were grossly violated. He pointed out that most First Information Reports (FIRs) were registered against the victims rather than the police officers involved, contrary to the apex court’s directives.
On the other side, Solicitor General Tushar Mehta, representing the state of Assam, requested additional time to review the materials and allegations presented in the petition. He defended the actions of the Assam Police, asserting that the encounters were conducted within the framework of the court’s guidelines.
The case stems from a plea challenging a January 2023 decision by the Gauhati High Court, which dismissed a Public Interest Litigation (PIL) concerning the encounters. The High Court’s decision was based on an affidavit from the Assam government, which acknowledged 171 incidents resulting in 56 deaths and 145 injuries during the specified period.
Previously, in October of the prior year, the Supreme Court described the situation as “very serious” and demanded detailed reports on the investigations of these encounters. By July 2023, the court had called for responses from the Assam government among others, regarding the plea that contested the High Court’s ruling.
The petitioner had argued in the High Court that many of the encounters, which resulted in 28 deaths, involved individuals who were not “dreaded criminals,” suggesting that many could be classified as “fake encounters.” The plea also requested an independent investigation by entities such as the CBI, an SIT, or police teams from other states, under the supervision of the court.
