In a significant development, the Supreme Court of India on Tuesday ordered the Assam Human Rights Commission (AHRC) to investigate the alleged cases of fake encounter killings by the Assam Police. The directive was issued in response to a petition filed by advocate Arif Yeasin Jwadder, challenging the Gauhati High Court's earlier decision that denied an independent probe into the matter.
A Bench comprising Justices Surya Kant and N Kotiswar Singh emphasized the seriousness of the allegations, stating that claims involving fake encounters—if proven—constitute a grave violation of the fundamental right to life under Article 21 of the Constitution.
While the Court noted that a mere compilation of encounter cases does not automatically warrant blanket judicial directions, it underlined the need for a fair, impartial, and independent investigation. “The use of excessive or unlawful force by public authorities cannot be legitimised,” the Bench observed.
The Supreme Court acknowledged that while some encounters might be legally justified, others could potentially involve violations of human rights. The matter will now be reviewed by the Assam Human Rights Commission, as per the Court’s directive.
This development marks a crucial step towards accountability and transparency in policing practices in Assam.
Also Read: "Not Good For Rule Of Law": SC On Assam Fake Encounters