News Desk, Delhi: The Supreme Court of India has directed the Assam Human Rights Commission (AHRC) to investigate allegations of fake police encounters in Assam, following a public interest litigation (PIL) accusing the state of violating the Court’s 2014 PUCL guidelines on encounter investigations. The PIL alleged that the Assam government failed to follow proper legal procedures in cases of police encounters and sought action against the state. A bench comprising Justices Surya Kant and NK Singh emphasized the need for a fair and independent probe into the serious allegations. “This case pertains to police encounters in Assam. Public officials' use of excessive or unlawful force is indefensible,” said Justice Surya Kant. While the petitioner submitted a list of 117 alleged encounters, the Court noted that each case must be individually assessed and cannot be presumed false without proper inquiry. The Court reaffirmed the importance of constitutional protections under Article 21 and highlighted the role of Human Rights Commissions in defending civil liberties. It overturned the AHRC’s 2022 decision and instructed the Commission to re-examine the issue with sensitivity and impartiality. Justice Kant directed the AHRC to protect the identities of victims and publish public notices in English and local languages to ensure affected families can come forward. The Commission may also include independent members in the investigation process. The Assam government was ordered to cooperate fully, provide forensic assistance, and remove any administrative obstacles that could hinder the probe. Senior advocate Prashant Bhushan, appearing for the petitioner, claimed that the state had ignored key Supreme Court guidelines, with FIRs reportedly filed against victims instead of the police. The PIL also challenged a 2023 Gauhati High Court decision dismissing concerns about police encounters. According to an affidavit, 171 police action incidents occurred between May 2021 and August 2022, resulting in 56 deaths and 145 injuries. The Supreme Court previously called the situation “extremely serious” and demanded a detailed investigation into each case. This ruling is seen as a critical step toward accountability and upholding the rule of law in cases involving alleged state violence.
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