New Delhi: The Supreme Court on Tuesday (September 10) heard the Special Leave Petition (SLP) challenging the Gauhati High Court’s order disposing of a Public Interest Litigation (PIL) regarding alleged fake encounters by Assam police.
A bench led by Justices Surya Kant and Ujjal Bhuyan examined the case.
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The petitioners submitted affidavits from “victims” of the Tinsukia encounter, including Dipjyoti Neog, Manuj Buragohain and Biswanath Borgohain, who were injured in police firing.
The victims claimed the encounter was staged by then-SP Mrinal Deka and other police personnel.
Justice Surya Kant reiterated the court’s intention to form a commission and requested names of retired judges from both parties.
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Justice Ujjal Bhuyan expressed concern that numerous accused individuals have lost their lives in such encounters, highlighting the need for upholding the rule of law.
The State counsel, Nalin Kohli, assured the court that an affidavit would be filed as directed adding that no police personnel involved in the encounter have been promoted.
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The top court posted the matter for further hearing on October 22.
Notably, the government failed to file an affidavit on the previous two hearing dates.
Advocate Prashant Bhushan, representing petitioner Arif Jwadder, appeared in court.
The “victims” were accused of planning to join the ULFA-I by the police. However, they denied the allegations and claimed that their families were forced to accept the accusations made by the police.
The victims in the affidavit filed narrated a series of incidents that took place on December 23, 2023, the night they were apprehended and claimed to have links with the ULFA-I.
They in the affidavit claimed that they were apprehended by Assam Rifles on the night of December 23, 2023, and were later handed to a police team led by SP Mrinal Deka at around midnight.
Narrating the incidents, they added that the SP along with other officials had a few drinks with the Assam Rifles officials and later took the trio in police vehicles through the Hahkhati forest reserve.
They added that on December 24, at around 3 am they stopped in the middle of the reserved forest. They claimed the police made them lay down and then shot them in the leg one by one.
The victims further added that they did not try to snatch weapons from the police as accused. Continuing with the narration, they added that the claims and allegations put on them were “fabricated”.