Gauhati HC Dismisses PIL on Police Encounters in Assam

A division bench comprising Justice Suman Shyam and Justice Susmita Phukan Khaund said the petition was filed by advocate Arif Md Yeasin Jwadder “without properly verifying the complete facts”.
Gauhati High Court | representative image
Gauhati High Court | representative image

The Gauhati High Court dismissed a PIL on police encounters since Assam Chief Minister Himanta Biswa Sarma assumed power in May 2021.

The high court said that no separate probe is required as the state government is already conducting separate investigations on each case.

A division bench comprising Justice Suman Shyam and Justice Susmita Phukan Khaund said the petition was filed by advocate Arif Md Yeasin Jwadder “without properly verifying the complete facts”.

Citing a government affidavit in the case, the court said 56 people have died, including four custodial deaths, while 145 others were injured in 171 incidents between May 2021 and August 2022.

 “What would be significant to note herein is that there has been no attempt on the part of the official respondents either to deny the occurrence or to suppress any fact from this court,” the order said.

Advocate General Devajit Saikia also assured the court that appropriate action will be taken against all guilty persons, including the erring police officials, after the enquiry is over and it cannot be stated that no action has been initiated by the state in these cases of police action.

Gauhati High Court | representative image
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The possibility of the petitioner approaching the court “merely seeking some publicity” cannot be entirely ruled out, it said.

The Bench also rejected the petitioner’s prayer for constitution of an SIT or hand over the probe to CBI, saying that this will happen only when a proper case is made out from the facts to demonstrate that the state government has not taken proper action in the matter or there is a deliberate attempt to shield the culprits.

On another prayer in the petition regarding setting up of human rights courts in Assam, the HC noted that 12 such courts have already been set up in different districts.

Jwadder claimed in the PIL that more than 80 “fake encounters” between Assam Police and the accused have taken place since May 2021, when Chief Minister Himanta Biswa Sarma took charge, resulting in deaths of 28 people and injuries of more than 48 others.

The people killed or injured were not dreaded criminals and the modus operandi of police has been the same in all the encounters, the PIL said.

Gauhati High Court | representative image
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