Fake encounter in Assam: SC seeks names of judges, police officials for case-to-case basis probe

Syllad | The Rising MeghalayaApril 30, 2024

The Supreme Court on Tuesday sought names of some retired High Court judges and retired senior police officers who can examine case to case basis after summoning the report and examining the families of the victims and case to case basis recommend which PUCL directions have been violated and its remedial measures.

The apex court was hearing the special leave petition (SLP) filed against the Gauhati High Court judgment into the PIL about fake encounters in Assam. 

The division bench was led by Justice Surya Kant and Justice KV Viswanathan.

During the hearing, Prashant Bhushan, counsel for the petitioner advocate Arif Jwadder argued that the Assam Police didn’t follow the PUCL judgment in its investigation aftermath of every encounter. He also reiterated that the state in its reply stated that PUCL guidelines are not mandatory. The state in its reply stated that PUCL judgment does not apply to every encounter. 

Bhushan argued that PUCL’s judgement had been violated. Magisterial enquiry has not been done in many incidents. The FIRs have been filed against the victims and not against the police personnel.

The court asked the counsel for the Assam government what kind of mechanism and safeguard has been put in place by the state government for a fair investigation. 

The court also asked for suggestions on the extent to which mandatory directions have been not followed and how can you ensure compliance with them. What is the mechanism that can you suggest that must be free, fair, and transparent to ensure there is faithful compliance?

The court further asked the AHRC whether they have any details of who conducted that inquiry after the commission ordered for the same. When the commission ordered the inquiry did the commission follow who were the officers? What is the outcome of the inquiry? 

The court asked the AHRC to file documents was asked for details of the officers who conducted the inquiry.

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