The Supreme Court of India has directed the Assam Human Rights Commission (AHRC) to conduct an impartial and thorough investigation into 171 alleged cases of fake encounter killings involving the Assam Police.
The directive was issued by a bench of Justices Surya Kant and N Kotiswar Singh, who acknowledged the seriousness of the allegations. The SC instructed the Commission to issue a public notice, inviting families of the alleged encounter victims to come forward and participate in the inquiry process.
“The allegation that some of these incidents may involve fake encounters is indeed serious and, if proven, would amount to a violation of the right to life under Article 21 of the Constitution. It is also equally possible that upon a fair, impartial and independent investigation, some of these cases might turn out to be necessary and legally justified,” the court said.
The petition prompting this directive was filed by advocate Arif Yeasin Jwadder, after the Gauhati High Court had dismissed his plea in 2023. Jwadder alleged that since May 2021, when Himanta Biswa Sarma became Chief Minister of Assam, there have been over 80 police encounters, resulting in 28 deaths and 48 injuries.
The Supreme Court laid down a set of guidelines for the Commission, emphasizing that:
- Victims or their families must be given a fair opportunity to take part in the proceedings.
- The identities of victims must be kept confidential to ensure their safety and encourage participation.
- If necessary, the AHRC may appoint retired police officers with impeccable integrity to assist with deeper investigations.
This order marks a key step toward accountability and human rights protection in cases of alleged police misconduct in Assam.
