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29 May, 2025
SC Orders AHRC to Investigate 171 Alleged Fake Encounters in Assam
On May 29, 2025, the Supreme Court of India directed the Assam Human Rights Commission (AHRC) to investigate 171 alleged fake encounter cases involving the Assam Police between May 2021 and August 2022. This directive came while addressing a Public Interest Litigation (PIL) filed by Delhi-based advocate Arif Md Yeasin Jwadder, who raised concerns over the conduct of the Assam Police in dealing with accused persons in various criminal cases.
The Supreme Court bench, comprising Justices Surya Kant and N. Kotiswar Singh, noted that while most of the claims presented by the petitioner appeared speculative, a few incidents might merit closer scrutiny. The Court emphasized the importance of transparency and accountability in law enforcement, directing the AHRC to examine these incidents and determine the authenticity of the claims surrounding the alleged encounters.
During the hearings, the Assam government, represented by Solicitor General Tushar Mehta, asserted that it had been strictly adhering to the guidelines established in the 2014 Supreme Court judgment of People's Union for Civil Liberties (PUCL) vs. State of Maharashtra, which outlines procedures for investigating police encounters. Mehta stressed that all necessary protocols and safeguards were being followed, cautioning that unwarranted targeting of security forces could have a demoralizing effect, especially given the challenging conditions under which they operate.
Advocate Prashant Bhushan, representing the petitioner, countered that honest officers should have no fear of scrutiny. He presented statements from individuals injured in police encounters and from relatives of those deceased, indicating potential fabrications in the reported encounters. Bhushan urged for an independent committee, led by a retired judge, to investigate these incidents, focusing on the necessity for transparency and accountability.
The Supreme Court's directive to the AHRC underscores the judiciary's intent to ensure accountability in law enforcement while also signaling the need for substantiated claims in such serious allegations. The AHRC is expected to look into these incidents and determine the authenticity of the claims surrounding these alleged encounters.
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