Delhi, 28 May (HS): The Supreme Court ordered the Assam Human Rights Commission to investigate allegations of fake encounter killings by police in Assam in the case of Arif Yeasin Jwadder vs State of Assam. A Bench comprising Justices Surya Kant and N Kotiswar Singh issued the directive following a petition challenging the Gauhati High Court's decision to not mandate an independent inquiry into these encounters. The Court recognized the seriousness of the allegations, emphasizing that excessive force by public authorities cannot be justified. It stated that if the encounters are found to be fake, they would constitute a severe violation of the right to life under Article 21 of the Constitution. However, it also noted the possibility that some cases might be justified upon a thorough investigation.

The Supreme Court highlighted the need for further examination to ensure compliance with its previous guidelines. It tasked the Assam Human Rights Commission with the inquiry, ensuring victims and their families have a chance to participate. Additionally, if further investigation is deemed necessary, the Commission may involve retired or serving police officers with impeccable integrity, ensuring no connection to the accused personnel. Concerns raised included requests for FIRs against police personnel involved in alleged murders. The Assam government asserted that only 10% of fleeing criminals were injured over the past decade, claiming it was an act of self-defense.

Hindusthan Samachar / Jun Sarkar