Guwahati: The Assam government has failed to submit the affidavit before the Supreme Court to counter the submission of a petitioner in an SLP over “fake encounters” that the FIRs in connection with the deaths in police firing weren’t registered following the guidelines set by the SC in 2014.
The court bench declined to give another four weeks time to the Assam government to file a reply on the SLP filed against the Gauhati High Court judgment into the PIL on fake encounters in the state.
A division bench comprising Justice Surya Kant and Justice K V Viswanathan heard the SLP filed by Supreme Court advocate Arif Jwadder on alleged fake encounters in Assam which have taken place since May 10, 2021.
The Assam government sought another four weeks but the court turned down the request and allowed only two weeks, which is the last and final extension for filing of the reply.
The bench also queried why more time should be granted when they had ample time to file the reply.
Appearing for the petitioner Jwadder, senior lawyer Prashant Bhushan argued that notice was issued on July 12, 2023 asking the respondents to file the reply by August 31, 2023, which they didn’t follow.
Again on January 4, the Assam government sought four weeks which was granted and again they are seeking time on Friday.
Bhushan further argued that when this SLP is against the impugned judgment of the Gauhati High Court and is based on the affidavits and other documents filed before the high court by the state government, then why they need more time to file a reply as they are supposed to rely on those affidavits and documents only.
However, the National Human Rights Commission (NHRC), who is also a respondent, has filed their reply in the apex court.
In the PIL, Jwadder had sought the registration of a First Information Report (FIR) for murder under Section 302 of the Indian Penal Code against police personnel over fake encounter killings.
He also sought the constitution of Human Rights Courts in Assam as necessitated under Section 30 of the Protection of Human Rights Act.
The petitioner alleged that over 80 police encounters have taken place since 2021 and that 28 people were killed and 48 injured in “fake encounters.”
On January 27, 2023, a division bench of the Gauhati High Court comprising Justice Suman Shyam and Justice Susmita Phukan Khaund rejected the plea.
Senior lawyer and activist Prashant Bhushan appeared for the case on Friday.
The people killed or injured were not dreaded criminals and the modus operandi of police has been the same in all the encounters, he added.