Advocate Moves Supreme Court Against High Court’s Refusal To Entertain PIL Seeking Independent Probe Into Alleged Fake Encounters In Assam

A Special Leave Petition has been filed in the Supreme Court against the Gauhati High Court’s refusal to entertain the PIL filed in 2021 seeking independent investigation of alleged fake encounters in Assam.

The petitioner claims that the PIL was disposed of with “no cogent directions” despite the facts and materials placed before it.

Arif Jwadder, a Delhi-based lawyer claiming to be a resident of Assam, has filed the petition through Advocate Prashant Bhushan.

The petitioner had sought the compliance of the sixteen guidelines for the investigation of illegal encounters issued by the Supreme Court in People's Union for Civil Liberties & Anr v. State of Maharashtra & Ors before the High Court.

The petitioner had also sought the designation of a Human Rights Court in every district of Assam in conformity with Section 30 of the Protection of Human Rights Act, 1993.

The petitioner claims that, as per the affidavit filed by the State during the proceeding of the PIL before the High Court, in about six months, “a total of 101 police encounters took place in 27 districts of Assam, with a total of 28 persons killed.”

In another affidavit the State had updated that, “ that from May, 2021 till August, 2022, a total 171 (one hundred and seventy-one) incidents had taken place out of which there were 4 (four) custodial deaths in 32 (thirty-two) districts of Assam and accordingly, 171 (one hundred and seventy-one) separate FIRs have been registered in connection with the said incidents,”the petitioner states.

The petitioner argues that, despite the overwhelming number of police encounter incidents in over a year, the records placed before the High Court show that the State did not comply with the sixteen guidelines for investigation of illegal encounters in the PUCL case.

The PIL was disposed of by the High Court in January 2023, stating that the question of constituting an SIT or handing over the investigation to the CBI would arise only when a proper case is made out on facts.

The Court further stated that such a case should demonstrate that the Police Department has not taken proper action in the matter, or that the State authorities are not carrying out proper investigation to punish the guilty by following the due process of law, or that there is some deliberate attempt to shield the culprits. However, the High Court had observed that “there is no such allegation in the writ petition.”

Case Tile :Arif Md Yasin Jwadder v. State Of Assam & Ors..