The Supreme Court of India has reserved its verdict on a plea demanding an independent investigation into 171 alleged fake police encounters in Assam that took place between May 2021 and August 2022. The case, which has drawn national attention, raises concerns over human rights violations and police accountability in the state.
Assam Government Defends Police Action
During the hearing, a bench comprising Justices Surya Kant and N Kotiswar Singh reviewed submissions from both the petitioner and the Assam government. Solicitor General Tushar Mehta, representing the state, asserted that all police encounters were conducted in accordance with the law and in compliance with the 2014 Supreme Court guidelines in PUCL v. Maharashtra, which outline strict procedures for handling police encounters.
Mehta assured the court that Assam authorities are taking every necessary step to ensure justice is served in cases where security personnel are found guilty. However, he cautioned against unnecessary scrutiny of the police forces, stating: “All necessary protocols are being followed, and if security personnel are guilty, they will be punished. However, unnecessary targeting demoralises the forces, especially given the challenging conditions they operate under.”
He also questioned the motives of the petitioner, pointing out that no First Information Reports (FIRs) had been filed claiming the encounters were fabricated.
Petitioner Demands Independent Probe
The plea was filed by Arif Md Yeasin Jwadder, represented by advocate Prashant Bhushan, who argued that there is significant evidence suggesting the encounters were staged. Bhushan pointed out that testimonies from victims’ families and injured survivors contradict official police reports. “We need to ensure accountability and register FIRs against culpable officers. An independent probe led by a retired judge is necessary to establish the truth,” Bhushan told the court.
The petition also challenges the January 2023 Gauhati High Court ruling, which dismissed a Public Interest Litigation (PIL) seeking action against the alleged fake encounters.
Alarming Data on Assam Police Encounters
According to an affidavit submitted by the Assam government, a total of 171 police encounters occurred in the state between May 2021 and August 2022. The data reveals:
- 56 deaths (including four in custody)
- 145 injuries
These numbers highlight the frequency of police encounters in Assam and have raised concerns over whether proper procedures were followed.
Supreme Court’s Previous Observations on the Case
Earlier, the Supreme Court had termed the situation “very serious” and sought a detailed response from the Assam government regarding the encounter deaths. The apex court emphasized the need to ensure compliance with established guidelines, particularly those laid down in the PUCL v. Maharashtra case (2014), which mandates:
- Independent investigation into police encounters
- Registration of FIRs in case of complaints
- Judicial oversight of encounter killings
Given these concerns, the Supreme Court’s final ruling will have significant implications for law enforcement policies in Assam and across India.
Broader Implications of the Verdict
The case highlights the long-standing debate over police encounters in India, where security forces have been accused of extrajudicial killings under the guise of crime control. While the Assam government argues that police actions were necessary to maintain law and order, human rights activists stress the importance of accountability and due process.
If the Supreme Court rules in favor of an independent investigation, it could lead to greater scrutiny of law enforcement agencies across India. On the other hand, a ruling in favor of the Assam government may set a precedent for how similar cases are handled in the future.
As the Supreme Court reserves its verdict on the Assam ‘fake’ encounter plea, the case remains a critical test for police accountability in India. While the Assam government insists that all necessary procedures were followed, the petitioner and human rights activists continue to push for an independent probe.
The final judgment will not only determine the course of justice for the victims and their families but will also shape the legal framework governing police encounters in India.
