Has the SC Directed Assam's Human Rights Body to Investigate Alleged 'Fake' Encounters?

New Delhi, May 28 (NationPress) The Supreme Court has mandated the Assam Human Rights Commission (AHRC) to investigate claims of alleged 'fake' encounters occurring within the state.

A Bench led by Justice Surya Kant annulled the prior decision made by the full Bench of the AHRC in January 2022, which had dismissed the matter on the grounds that it was sub-judice before the Gauhati High Court.

“This matter is to be reinstated on the AHRC's agenda for an independent and prompt inquiry into the allegations, according to the law,” the Bench, which also included Justice N.K. Singh, ordered.

The apex court instructed the AHRC to publish a public notice inviting all affected individuals (victims and their families) to step forward with any pertinent information or evidence for the state human rights body’s consideration.

“The notice must be disseminated in at least one national English daily and one well-known vernacular newspaper that has a broad circulation across Assam. The manner of publication should ensure accessibility and clarity for the general public, including those in remote and conflict-affected areas,” it directed.

The Justice Kant-led Bench encouraged the AHRC to implement strong measures similar to witness protection protocols to ensure the privacy, safety, and security of participants in this inquiry.

“We have confidence that the AHRC will approach this task with the utmost sensitivity, impartiality, and diligence, thereby enhancing public trust in the mechanisms for safeguarding human rights,” stated the Supreme Court.

Additionally, it instructed the Assam government to fully cooperate with the AHRC, ensuring all logistical, financial, and administrative resources required for the investigation are provided without delay.

The apex court mandated the state government to grant access to records, facilitate the availability of forensic and expert resources, and eliminate any institutional barriers that could obstruct the AHRC's operations.

Previously, in January 2023, the Gauhati High Court had dismissed a Public Interest Litigation (PIL) that alleged around 80 fake encounters took place in Assam between May and December 2021, resulting in 28 deaths and 48 injuries.

The PIL sought documentation of all purported fake encounters in Assam, the filing of FIRs against implicated police officials, and an independent investigation into these officials as per guidelines established by the apex court in the case of People’s Union for Civil Liberties vs. State of Maharashtra.

Although the Gauhati High Court deemed the PIL premature and characterized the evidence presented as vague, it did order that the appellant would receive all legally permissible documents relevant to these cases upon request.