Gauhati High Court directs government to file affidavit on alleged fake encounters

STAFF REPORTER

GUWAHATI: The Gauhati High Court has asked the Assam Government to file a detailed affidavit on the alleged fake encounters orchestrated by Assam Police since May last year within two weeks. The detailed counter affidavit is to be filed by the Secretary (Home) or Additional Secretary (Home).

Senior advocate and former Additional Solicitor General of India, Indira Jaising appeared on behalf of the petitioner, who has sought an independent probe into the alleged fake encounters in the State. The Attorney General appearing for the State, informed that magisterial inquiry was conducted into these alleged fake encounters. Jaising informed the court that there is no such information available and urged the court to direct the State to upload FIRs on their website if FIRs were lodged.

A Public Interest Litigation (PIL) (86/2021) has been filed by Arif Md Yeasin Jwadder under Article 226 of the Constitution of India in Gauhati High Court to issue an appropriate writ or order or direction calling for the records on "fake encounter killings" by police personnel. The petitioner also sought an order for registration of FIR for an offence under section 302 of Indian Penal Code and for conducting an independent investigation against the Assam Police personnel who are involved in all the fake encounters by an independent agency like the Central Bureau of Investigation (CBI), Special Investigation Team (SIT) or any other police team from another State under the supervision of the Gauhati High Court. The PIL mentions that 80 such incidents had happened in the State since May 2021, resulting in 28 deaths and leaving 48 people injured.

The petitioner also sought a judicial inquiry by a sitting Judge of the Gauhati High Court into the alleged encounters and monetary compensation to the families of the victims after due verification. Besides the State Government, Assam Police, the Department of Law and Justice, the National Human Rights Commission (NHRC) and the Assam Human Rights Commission have been named as respondents in the petition.

In July last year, Jwadder had filed a complaint against such incidents with the National Human Rights Commission (NHRC). The Commission had sought a report from the Assam Police in September. In November, NHRC transferred the case to the Assam Human Rights Commission. The complaint is still pending.

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