Guwahati: The Supreme Court of India has expressed concern over alleged “fake” encounters in Assam, questioning whether police personnel are targeting a specific community.
Justices Surya Kant and Ujjal Bhuyan, hearing a plea against a Gauhati High Court order dismissing a PIL on the issue, emphasized the need for proactive action from Human Rights Commissions in civil liberty matters.
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Advocate Prashant Bhushan, representing the petitioner, claimed hundreds of encounters have occurred in Assam, with gross non-compliance with guidelines set by the top court in PUCL v. State of Maharashtra.
He highlighted cases lacking forensic analysis, magisterial inquiries, or independent investigations, with FIRs instead filed against encounter victims.
The court was informed of a case where a woman alleged her husband was murdered in police custody, showing signs of third-degree torture.
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Bhushan stressed that no investigations were conducted into allegations of staged encounters.
Additional Advocate General for Assam Nalin Kohli countered that the High Court expressed concerns about the petitioner’s credentials and “patently false” statements, deeming the PIL premature.
The court expressed disapproval of the Assam Human Rights Commission’s practice of closing complaints without pursuing them, emphasizing its duty to follow up on complaints regardless of victim or relative involvement.
The matter has been adjourned to November 26, with the State of Assam directed to provide details of 171 encounter cases and investigations conducted.