Express News Service
GUWAHATI: The Gauhati High Court on Friday directed the Assam government to file a detailed and updated report within six weeks on the investigation into every case of a recent police encounter.
The high court’s directive came after Delhi-based activist and lawyer Arif Jwadder filed a petition seeking a probe into the encounter cases by the Central Bureau of Investigation, special investigation team or any police team from another state under the court’s supervision.
Appearing for the petitioner virtually from Delhi, civil rights lawyer and activist Prashant Bhushan argued that the police had not followed the law as laid down in the People’s Union of Civil Liberties (PUCL) Vs State of Maharashtra & ors guidelines by the Supreme Court in alleged fake encounter cases.
He claimed that there was no independent inquiry in any of the cases as per the apex court’s guidelines and insisted that the police follow the PUCL guidelines in the injury cases during encounters.
The High Court was informed that altogether 161 incidents of police action had taken place across Assam in the past 13 months under Chief Minister Himanta Biswa Sarma-led government, the petitioner said.
He said the incidents caused the deaths of 51 accused persons and injuries to 139 others until May 21 this year.
Subsequently, he added, the death toll went up to 54 as mentioned by the state government in an affidavit submitted to the court. Sarma took over as the CM on May 10 last year.
The petitioner submitted that the persons who died or were injured were not militants.
“It cannot be the case that all the accused (persons) could snatch a service revolver from a trained police officer,” he argued.
In many of the cases, the police said they had to open fire on the person in their custody as he attempted to flee after snatching their firearm.
Assam recorded the third highest number of police encounter deaths during 2021-22, according to the Union Ministry of Home Affairs. Jammu and Kashmir topped the chart with 45 deaths, followed by Chhattisgarh (30), Assam (18) and Uttar Pradesh (11).
Number of police encounter deaths during 2021-22
30 Chhattisgarh
18 Assam
45 Jammu and Kashmir
11 Uttar Pradesh
GUWAHATI: The Gauhati High Court on Friday directed the Assam government to file a detailed and updated report within six weeks on the investigation into every case of a recent police encounter.
The high court’s directive came after Delhi-based activist and lawyer Arif Jwadder filed a petition seeking a probe into the encounter cases by the Central Bureau of Investigation, special investigation team or any police team from another state under the court’s supervision.
Appearing for the petitioner virtually from Delhi, civil rights lawyer and activist Prashant Bhushan argued that the police had not followed the law as laid down in the People’s Union of Civil Liberties (PUCL) Vs State of Maharashtra & ors guidelines by the Supreme Court in alleged fake encounter cases.
He claimed that there was no independent inquiry in any of the cases as per the apex court’s guidelines and insisted that the police follow the PUCL guidelines in the injury cases during encounters.
The High Court was informed that altogether 161 incidents of police action had taken place across Assam in the past 13 months under Chief Minister Himanta Biswa Sarma-led government, the petitioner said.
He said the incidents caused the deaths of 51 accused persons and injuries to 139 others until May 21 this year.
Subsequently, he added, the death toll went up to 54 as mentioned by the state government in an affidavit submitted to the court. Sarma took over as the CM on May 10 last year.
The petitioner submitted that the persons who died or were injured were not militants.
“It cannot be the case that all the accused (persons) could snatch a service revolver from a trained police officer,” he argued.
In many of the cases, the police said they had to open fire on the person in their custody as he attempted to flee after snatching their firearm.
Assam recorded the third highest number of police encounter deaths during 2021-22, according to the Union Ministry of Home Affairs. Jammu and Kashmir topped the chart with 45 deaths, followed by Chhattisgarh (30), Assam (18) and Uttar Pradesh (11).
Number of police encounter deaths during 2021-22
30 Chhattisgarh
18 Assam
45 Jammu and Kashmir
11 Uttar Pradesh
