SC reserves verdict on fake encounters after govt defends guidelines compliance
The Supreme Court focused on ensuring compliance with legal protocols rather than evaluating individual cases.
Representative Image: Supreme Court directs Assam government to provide details about the encounter deaths in the State
Guwahati, Feb 25: The Supreme Court has reserved its verdict on a plea seeking an independent investigation into 171 alleged fake police encounters in Assam between May 2021 and August 2022.
During the hearing, the Assam government, represented by Solicitor General Tushar Mehta, asserted that it has been strictly adhering to the guidelines established in the 2014 Supreme Court judgment of People's Union for Civil Liberties (PUCL) vs. State of Maharashtra, which outlines procedures for investigating police encounters.
Mehta stressed that all necessary protocols and safeguards are being followed, cautioning that unwarranted targeting of security forces could have a demoralising effect, especially given the challenging conditions under which they operate.
He questioned the credibility of the petitioner, Arif Md Yeasin Jwadder, suggesting that the allegations were presumptive and lacked substantive evidence.
Advocate Prashant Bhushan, representing the petitioner, countered that honest officers should have no fear of scrutiny. He presented statements from individuals injured in police encounters and from relatives of those deceased, indicating potential fabrications in the reported encounters.
Bhushan urged for an independent committee, led by a retired judge, to investigate these incidents, focusing on the necessity for transparency and accountability.
The Supreme Court bench, comprising Justices Surya Kant and N Kotiswar Singh, acknowledged the gravity of the allegations but clarified that it would not delve into the merits of each encounter case.
Instead, the Court's focus remains on ensuring compliance with the guidelines set forth in the 2014 PUCL judgment, which mandates procedures such as the immediate registration of a First Information Report (FIR) and an independent investigation by a specialised team in cases of encounter-related deaths.
The petitioner has challenged a January 2023 order from the Gauhati High Court, which dismissed a Public Interest Litigation (PIL) concerning the alleged fake encounters by Assam Police.
The Supreme Court's forthcoming verdict is anticipated to address the adherence to established protocols in investigating these serious allegations.