Gauhati High Court reserves verdict on 'fake encounters' PIL

 STAFF REPORTER

GUWAHATI: The Gauhati High Court has reserved its verdict on a PIL filed in connection with the alleged fake encounters in various areas of the State.

During hearing of the PIL on Wednesday, the petitioner - activist and lawyer based in Delhi Arif Jwadder - argued that FIRs have been lodged against the victims and not against the police personnel as mandated in the PUCL judgment.

The State Government stated in its latest updated affidavit that 171 incidents of police firings and four custodial deaths have occurred during the period in question.

However, the petitioner argued before the Court that an independent investigation has not been done as mandated as per the Supreme Court judgment in the PUCL versus State of Maharashtra case. He further stated that only magisterial enquiries were done in 92 incidents, forensic tests were done in 48 incidents and ballistic tests were done in 40 incidents. The petitioner claimed without complete forensic and ballistic tests, an independent investigation could not be done.

The petitioner had filed the PIL seeking an inquiry into the encounters by an independent agency such as CBI, SIT or any police team from other States under the supervision of the High Court. According to the petitioner, the dead or the injured person were not militants and it cannot be the case that all the accused could snatch a service revolver from a trained police officer.

Apart from the State Government, the State's DGP, Law and Justice Department, National Human Rights Commission and Assam Human Rights Commission have been named as respondents in the PIL.

After hearing both sides, the Special Division Bench of Justice Suman Shyam and Justice Susmita Phukan Khaund reserved its judgement.

Also Read:  Gauhati High Court adjourns hearing on 'fake encounters' in State

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