The Supreme Court on Wednesday directed the Assam State Human Rights Commission (ASHRC) to conduct an inquiry into all alleged incidents of extra-judicial killings in the state, observing that such allegations, if proven, would constitute a grave violation of the fundamental right to life under Article 21 of the Constitution.
A bench of Justice Surya Kant and Justice Nongmeikapam Kotiswar Singh noted that a mere compilation of cases cannot justify omnibus judicial directions as the allegation of fake encounters is serious and merits an impartial examination. “This is a case concerning alleged encounters in the state of Assam. Use of excessive or unlawful force by public authorities on victims cannot be legitimised,” the bench observed, adding, “We have held that just a compilation of cases cannot lead to judicial directions, as it may shield the guilty.”
The bench clarified that each case must be individually examined on its merits. “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 stated.
0The top court’s order came on a petition by advocate Arif Yeasin Jwadder, challenging a decision of the Gauhati High Court which had declined to order an independent probe into the encounter cases.
Taking note of the submission that the state government itself had flagged certain cases for further examination, the court said those may warrant evaluation to determine whether the guidelines laid down by the Supreme Court in past rulings on encounters had been adhered to.
To ensure transparency and participation, the bench also directed the Assam Human Rights Commission to issue a public notice, allowing victims or their families a meaningful opportunity to participate in the proceedings. “If the Commission comes to a conclusion that further investigation is warranted, it shall be at liberty to do so,” it said.
The petitioner had sought registration of FIRs against police personnel allegedly involved in fake encounters and demanded accountability for the use of excessive force by law enforcement agencies in the state.