Assam: Supreme Court Hears SLP on ‘Fake’ Encounters; State Yet to File Affidavit

STAFF REPORTER

GUWAHATI: A division bench of the Supreme Court comprising Justice Surya Kant and Justice Ujjal Bhuyan heard an SLP (special leave petition) filed against the alleged fake encounters by Assam police.

The SLP was filed challenging the Gauhati High Court's order of disposing of the PIL . The Gauhati High Court dismissed PIL and Interlocutory Application (IA) which sought, among other things, an inquiry into the alleged fake encounters in Assam since May 2021, either by the Central Bureau of Investigation (CBI), a Special Investigation Team (SIT), or any police team from other states under the supervision of the High Court.

The petitioner filed affidavits of victims of the Tinsukia encounter case in which three persons, named Dipjyoti, Manuj, and Biswanath, were injured in police firing. The affidavits contain the narration by the victims of the encounter, where they stated that the encounter was fake and it was done intentionally by the police.

Justice Surya Kant said that the Court intends to form a commission and asked for names of retired judges from both the petitioner and respondents.

When counsel for the state, senior Additional Advocate General for Assam Nalin Kohli, said that not single police personnel had been promoted who were involved in the encounter, Justice Ujjal Bhuyan said that it is not a good thing for the rule of law that so many accused are losing their lives like that.

The state counsel stated that it is in the process of filing an affidavit as directed by the court, and after hearing both parties, the court adjourned the matter till October 22. It is to be noted that the government hasn't filed any affidavit to date for the last two dates.

Prashant Bhushan, advocate-on-record and civil rights activist, appeared on behalf of the petitioner, Arif Jwadder.

 Also Read: ULFA (I) Warns Assam DGP to Stop ‘Fake Encounters’ or Leave State (sentinelassam.com)

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