The state government was directed to respond to claims of human rights breaches related to encounter killings in the state by the Gauhati High Court in October of last year.
Digital Desk: The fake encounters PIL hearing was concluded on Wednesday and the Gauhati High Court reserved its decision. Arif Md. Yeasin Jwadder, a resident of Assam who practices law in Delhi, filed a PIL in the high court asking for an impartial investigation into the Assamese encounter deaths that will be overseen by the high court.
A previous affidavit submitted by the Assam government to the Gauhati high court stated that the state had had at least 171 instances of police shooting and four deaths while in custody since May 2021.
The state government was directed to respond to claims of human rights breaches related to encounter killings in the state by the Gauhati High Court in October of last year. The Assam Advocate General (AG) has been asked by the high court to assess the situation.
According to a petition, since the commencement of the second term of the BJP-ruled state government in May 2021, at least 56 people have been killed and 142 others injured by police action while the suspects were reportedly trying to escape from detention or attacked police officers.
He added that only magisterial investigations were conducted in 92 occurrences, forensic examinations were conducted in 48 incidents, and ballistic examinations were conducted in 40 incidents. The petitioner argued that it was impossible to conduct an impartial investigation without a thorough FSL and ballistic.
The Assam administration had earlier refuted the allegations during the case's hearing by stating in an affidavit submitted to the high court on June 20 that "no extra-judicial killing" had occurred in the state.
The PIL also urged the state to establish human rights courts, as required by Section 30 of the 1993 Protection of Human Rights Act.
Over 80 similar encounters have occurred since the new government took office in May, Jwadder reminded the court, citing media reports. In "fake encounters" over that period, he said, 48 individuals were hurt and 28 people died.
In September, the state police were ordered to provide the National Human Rights Commission (NHRC) with a report on any actions they had taken.
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