The Assam government's handling of investigations into alleged fake encounters faces a stern challenge in the Supreme Court.
During a hearing on April 30th, a bench comprising Justices Surya Kant and KV Viswanathan raised concerns about the state's adherence to established guidelines for encounter investigations.
The case stems from a petition filed by Supreme Court lawyer Arif Jwadder, who contends that over 80 individuals have been killed in dubious encounters by Assam police since May 2021.
Advocate Prashant Bhushan, representing the petitioner, emphasised that the state's approach disregarded the PUCL guidelines, a set of protocols laid out by the Supreme Court in a landmark judgment for proper encounter investigations.
The Court's disquietude centered on the impartiality and transparency of the state's probes.
It pressed the Assam government on concrete steps being taken to implement the PUCL guidelines, even seeking suggestions to strengthen their execution.
Notably, the bench inquired about the possibility of appointing retired judges and police officers to examine each case independently and recommend corrective measures for any violations found.
Further scrutiny came from the Court's directive to the Assam Human Rights Commission.
It demanded case files related to the commission's inquiries into these encounters, particularly details on the investigating officers and their findings.
Jwadder's petition advocates for a completely independent investigation into the alleged fake encounters.
It also calls for the establishment of Human Rights Courts within Assam, a mandate laid out in the Protection of Human Rights Act.
The Assam government, the state's Director General of Police, and the law and justice department are named as respondents in the case.