A bench of Justices Surya Kant and N Kotiswar Singh directed the commission to issue a public notice asking families of alleged encounter victims to come forward
Supreme Court (PTI file image)
Guwahati: The Supreme Court on Tuesday directed Assam Human Rights Commission to probe the alleged 171 cases of alleged fake encounter killings by police in Assam.
Acknowledging that the allegations were serious, a bench of Justices Surya Kant and N Kotiswar Singh directed the commission to issue a public notice asking families of alleged encounter victims to come forward.
The Bench passed the direction on a petition filed by advocate Arif Yeasin Jwadder against Gauhati High Court's refusal to order an independent probe into the encounters.
Though the apex court observed that a mere compilation of cases cannot lead to omnibus judicial directions, it acknowledged that the allegation of fake encounters is serious.
Use of excessive or unlawful force by public authorities on victims cannot be legitimised, it said.
"The allegation that some of these incidents may involve fake encounters is indeed serious and if proven, would amount to a grave violation of right to life under Article 21 of the Constitution. It is also equally possible that upon a fair, impartial and independent investigation, some of these cases might turn out to be necessary and legally justified," the bench observed.
The court also directed the commission to ensure the confidentiality of the identity of the alleged victims. “The protection of identity is essential to create an atmosphere of trust... ensure families of the victims are not disadvantaged,” the Supreme Court bench said.
The Court also said that victims of the alleged incidents or their families must be given a fair and meaningful opportunity to participate in the proceedings. In this regard, the Court directed the State Human Rights Commission to issue a public notice.
Further, the Court said that if the Commission comes to a conclusion that further investigation is warranted, it shall be at liberty to do so.
“For this purpose, the State Commission may engage the services of retired or serving police officers of impeccable integrity and unblemished record, provided that such officers are not in any way connected with or subordinate to the police personnel involved in the alleged incidents,” the court in its direction said.
The plea before the top court raised concerns over fake encounters in Assam and sought the registration of First Information Reports (FIRs) for the offence of murder against the accused police personnel.
The Assam government had earlier contended that in the last ten years, only 10 percent of fleeing criminals have been injured in police action and this was done as a measure of self-defence.
Solicitor General Tushar Mehta, appearing for the Assam government, argued that an investigation would demoralise the security personnel, who put their lives at stake to safeguard the nation from terror attacks and militancy.
Acknowledging that the allegations were serious, a bench of Justices Surya Kant and N Kotiswar Singh directed the commission to issue a public notice asking families of alleged encounter victims to come forward.
The Bench passed the direction on a petition filed by advocate Arif Yeasin Jwadder against Gauhati High Court's refusal to order an independent probe into the encounters.
Though the apex court observed that a mere compilation of cases cannot lead to omnibus judicial directions, it acknowledged that the allegation of fake encounters is serious.
Use of excessive or unlawful force by public authorities on victims cannot be legitimised, it said.
"The allegation that some of these incidents may involve fake encounters is indeed serious and if proven, would amount to a grave violation of right to life under Article 21 of the Constitution. It is also equally possible that upon a fair, impartial and independent investigation, some of these cases might turn out to be necessary and legally justified," the bench observed.
The court also directed the commission to ensure the confidentiality of the identity of the alleged victims. “The protection of identity is essential to create an atmosphere of trust... ensure families of the victims are not disadvantaged,” the Supreme Court bench said.
The Court also said that victims of the alleged incidents or their families must be given a fair and meaningful opportunity to participate in the proceedings. In this regard, the Court directed the State Human Rights Commission to issue a public notice.
Further, the Court said that if the Commission comes to a conclusion that further investigation is warranted, it shall be at liberty to do so.
“For this purpose, the State Commission may engage the services of retired or serving police officers of impeccable integrity and unblemished record, provided that such officers are not in any way connected with or subordinate to the police personnel involved in the alleged incidents,” the court in its direction said.
The plea before the top court raised concerns over fake encounters in Assam and sought the registration of First Information Reports (FIRs) for the offence of murder against the accused police personnel.
The Assam government had earlier contended that in the last ten years, only 10 percent of fleeing criminals have been injured in police action and this was done as a measure of self-defence.
Solicitor General Tushar Mehta, appearing for the Assam government, argued that an investigation would demoralise the security personnel, who put their lives at stake to safeguard the nation from terror attacks and militancy.
( Source : Asian Age )
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