SC reserves verdict on Assam 'fake' encounters after state defends probe

The Supreme Court was on Tuesday informed by the Assam government that the 2014 guidelines for investigating police encounters were duly followed in the state and unnecessary targeting of security forces was demoralising.

Following the submission, a bench of Justices Surya Kant and N Kotiswar Singh reserved the verdict on a plea seeking an independent investigation over 171 alleged fake police encounters in Assam between May, 2021 and August, 2022.

Solicitor general Tushar Mehta, representing the Assam government, said the Supreme Court's guidelines for the investigation of police encounters in the 2014 case of PUCL v. Maharashtra were being "followed to the hilt".

Mehta added, "All the necessary protocols are followed and safeguards taken. If they (security personnel) are guilty, they need to be punished but if they are not guilty, then they need to be protected by the state. Unnecessary targeting may have a demoralising effect on security forces especially the conditions they have been working."  Referring to terror activities and casualties in the security personnel, Mehta questioned the bonafide of the petitioner Arif Md Yeasin Jwadder.

"We don't know who this petitioner is and for whom he is seeking details of the investigation. He has presumed that all the encounters are fake while sitting in Delhi and no FIR has been lodged in these cases," he said.

Advocate Prashant Bhushan, appearing for the petitioner, said the argument on the probe prompting a demoralising effect on security forces, couldn't be sustained as there was nothing to be fearful for an honest officer, who did nothing wrong.

He said there were statements of persons, who were injured in police encounters, or statements of kin of victims, indicating the encounters were fake.

"All that is being sought by the petitioner is investigation of these fake encounters by an independent committee headed by a retired judge. We need to know what is happening in Assam and FIRs need to be registered against guilty police officers," submitted Bhushan.

On February 4, the top court said it couldn't get into the merit of the alleged 171 police encounters but would only see whether its guidelines on such extra-judicial killings were duly followed.

Bhushan had referred to the letters written by family members of the victims or those injured in these encounters and said the 2014 guidelines were grossly violated.

He said most of the FIRs lodged in these encounter cases were against the victims whereas the guidelines asked for the cases to be registered against the culpable policemen.

The petitioner has challenged a January 2023 order of the Gauhati High Court, which dismissed a PIL over the encounters by Assam Police.

In its order, the high court referred to an affidavit of the Assam government stating the 171 incidents took place between May, 2021 and August, 2022 in which 56 people died, including four in custody, and 145 were injured.

On October 22, last year, the top court termed the situation "very serious" and sought details, including on the probe conducted in these matters.

In July, 2023, it sought responses from the Assam government and others on the plea challenging the high court order.

The petitioner claimed before the high court that over 80 "fake encounters" were conducted by Assam Police from May, 2021 till the filing of the writ petition, resulting in 28 deaths.