The Gauhati High Court on Friday sought details from the Assam government on progress made in investigation of each ‘police encounter’ case in the state since May last year.
The court also asked the state government and other respondents to submit whether guidelines issued by the Supreme Court for investigation into alleged encounter cases have been followed or not.
Hearing a Public Interest Litigation (PIL) on deaths or injuries caused in police action since the Himanta Biswa Sarma-led government assumed power in May 2021, a division bench comprising Chief Justice RM Chhaya and Justice Soumitra Saikia gave 60 days times to the respondents to file the details.
“The State shall bring on record appropriate materials indicating the progress made in each of the case and further indicate whether the guidelines issued by the Apex Court in the case of People’s Union for Civil Liberties and another Vs. State of Maharashtra & Ors., reported in (2014) 10 SCC 635 are followed in later and spirit or not,” the order stated.
The matter has been listed for next hearing on September 29.
Advocate general Devajit Saikia, who appeared for the state government, said, “The honourable court has asked for some more details in the case. We sought time to submit these and accordingly, it has been allowed to us.”
The PIL (No. 86/2021) was filed by advocate Arif Md Yeasin Jwadder, casting doubt on increasing number of death or injury of accused persons in police action while in custody.
Besides the Assam Government, Assam Police director general, state Law and Justice Department, National Human Rights Commission and Assam Human Rights Commission were named as respondents in the petition.
Jwadder said, “Our counsel, prominent civil rights lawyer Prashant Bhusan, appeared at the hearing in the virtual mode today. He argued that police has not followed the law laid down in People’s Union of Civil Liberties (PUCL) Vs State of Maharashtra & others by the Supreme Court in the alleged fake encounter cases.”
He claimed that no enquiry was instituted in cases where the accused was injured, and the probes into the incidents which led to deaths were not as per the apex court guidelines.
“The honourable court has now directed the government to submit the details of the independent enquires and whether the apex court guidelines have been followed. We will wait for their response,” the petitioner added.
The state government, in an affidavit before the High Court in the same case filed on June 20, had stated that 161 incidents of police action had taken place from May, 2021, to May, 2022.
It had resulted in 51 deaths and 139 injuries of accused persons during their custody across the state during the period.
The government had claimed that all the FIRs have been lodged and investigated as per the directions of the Supreme Court in the PUCL vs Maharashtra judgement.
