SC Issues Notice To Assam Government On Plea Against Police Encounters In State

• Image Credit: Google

• Jul 17, 2023 | Dhupali Das

The Supreme Court on Monday sought the response of the Assam government and others on a plea...

Digital Desk: The Supreme Court on Monday sought the response of the Assam government and others on a plea challenging a Gauhati High Court order that dismissed a PIL regarding a series of police encounters since Chief Minister Himanta Biswa Sarma took office in May 2021.

A bench of Justices S Ravindra Bhat and Aravind Kumar issued notices to the state government, the National Human Rights Commission, and others in response to an appeal filed by advocate Arif Md Yeasin Jwadder.

On January 27, the Gauhati High Court dismissed the PIL, stating that no separate inquiry is required as the state government is already conducting separate investigations in each case.

Citing a government affidavit in the matter, the court said 56 persons were killed, including four in custody, while 145 others were injured in 171 incidents between May 2021 and August 2022.

Jwadder stated in the PIL that more than 80 "fake encounters" happened between Assam police and persons accused in different cases since May 2021, when Himanta Biswa Sarma took office, resulting in the deaths of 28 people and injuries to more than 48 others.

Also Read : Amit Shah chaired Regional Conference in nation’s capital

Those killed or injured were not dreaded criminals, and the police approach was consistent throughout all confrontations, the PIL said.

Jwadder sought an investigation by an independent agency such as the CBI, SIT, or a police team from other states under court supervision.

The petition said that according to police statements published in newspapers, the accused tried to take service weapons from police officers in every case, and in self-defense, police retaliated, resulting in the suspected criminal's death or injuries.

Jwadder questioned the veracity of such claims, stating that those killed or injured were not militants, were not trained in the use of weapons, and it cannot be the case that all accused could snatch a service weapon from a trained police officer whose firearms are normally tied to their waist with a rope.

In addition to the Assam Government, the Assam Police Chief, the state's Law and Justice Department, the National Human Rights Commission, and the Assam Human Rights Commission have been named as respondents in the case.