SC Reserves Verdict On Plea For Independent Probe Into Assam Police Encounters

On Tuesday, the Assam government informed the Supreme Court that it had strictly adhered to the 2014 guidelines for investigating police encounters and warned that unwarranted scrutiny of security forces could lower their morale.

A bench comprising Justices Surya Kant and N Kotiswar Singh reserved its judgment on a plea seeking an independent probe into 171 alleged fake encounters in Assam between May 2021 and August 2022.

Solicitor General Tushar Mehta, representing the Assam government, assured the court that all necessary protocols under the Supreme Court’s 2014 PUCL v Maharashtra guidelines had meticulously followed.

“All the necessary protocols are followed and safeguards taken. If they (security personnel) are guilty, they need to be punished but if they are not guilty, then they need to be protected by the state. Unnecessary targeting may have a demoralizing effect on security forces especially the conditions they have been working,” Mehta stated.

Citing terror activities and casualties among security personnel, Mehta raised concerns about the credibility of petitioner Arif Md Yeasin Jwadder.

“We don’t know who this petitioner is and for whom he is seeking details of the investigation. He has presumed that all the encounters are fake while sitting in Delhi and no FIR has lodged in these cases,” he asserted.

Petitioner Calls For Independent Probe Into Encounters

On the other hand, Advocate Prashant Bhushan, representing the petitioner, contended that honest officers had no reason to fear an independent probe.

He cited testimonies from injured individuals and victims’ relatives, claiming security forces staged the encounters.

Bhushan emphasized that the petitioner was seeking an investigation into the alleged fake encounters by an independent committee led by a retired judge. He stressed the need for transparency in Assam and urged officials to register FIRs against police officers guilty of misconduct.

On 4 February, the Supreme Court clarified that it would verify compliance with its procedural guidelines rather than examine the merits of the 171 encounters.

The petitioner has challenged a January 2023 Gauhati High Court ruling that dismissed a PIL on the encounters.

The high court had relied on an affidavit from the Assam government, which reported that 171 incidents occurred between May 2021 and August 2022, resulting in 56 deaths – including four custodial deaths – and 145 injuries.

The Supreme Court had earlier termed the issue ‘very serious’ and had sought details of investigations conducted.

In July 2023, it had also asked the Assam government to respond to the plea challenging the high court’s decision.

The petitioner had initially claimed before the high court that over 80 alleged fake encounters by Assam Police had taken place between May 2021 and the filing of the petition, leading to 28 deaths.

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