Assam : Delhi-Based Advocate Files PIL At Gauhati HC, Seeks Independent Enquiry Into “Fake Encounters” By Assam Police

Posted in Assam, Featured, Northeast


  • NET Web Desk

A New-Delhi based advocate, Arif Jwadder has filed a Public Interest Litigation (PIL) at the Gauhati High Court, seeking an independent probe into the alleged “fake encounters” by Assam Police since the Assam Chief Minister Himanta Biswa Sarma assumed office, i.e., from May 2021.

According to reports, 80 such incidents were reported in Assam this year in which 28 were killed and 48 sustained injuries.

Through the PIL, the advocate has requested the High Court (HC) to direct Assam Police for submitting records of all the alleged encounters and register First Information Reports (FIRs) in such cases.

He also sought an “independent investigation” into the “encounters” by the Central Bureau of Investigation (CBI), or a Special Investigation Team (SIT), or the police of another state under the supervision of the Gauhati High Court.

Jwadder also sought a judicial inquiry by a sitting Judge of the High Court into the alleged encounters.

“The police officials involved in the fake encounters must be brought before the law,” – asserted the PIL.

This PIL further pleaded the High court to direct state government for providing monetary compensation to the victims’ families after due verification.

“Assam doesn’t have designated human rights courts in each district, as mandated by Section 30 of the Protection of Human Rights Act, 1993” – claimed the advocate.

Its worthy to note that recently, based on complaints of the advocate Arif Jwadder, the National Human Rights Commission (NHRC) sought for an Action Taken Report (ATR) from the Director General of Assam Police.

The Commission in an email sent to the DGP, also asked if he has received any notice, order, etc. on the same issue from the Assam Human Rights Commission and if so, to provide a copy of that too within four weeks. Meanwhile, state commission was also been given a time frame of four weeks to submit its response.

Besides, the Assam Human Rights Commission (AHRC) had taken suo moto cognizance of media reports during mid-July, which mentioned that 12 accused people were killed by cops in shoot-outs.

Therefore, NHRC directed the state government to conduct an inquiry on the same, thereby finding out facts and circumstances leading to the death and injuries of the accused.

Jwadder had filed the complaint before the NHRC on July 16, alleging a rise in the number of alleged fake police encounters in the state, and added that such cases have rose since the new BJP-led government under CM Himanta Biswa Sarma assumed charge in May.

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