The Gauhati High Court, while rejecting the PIL, in its order had referred to an affidavit filed before it by the Assam government which said 171 incidents had taken place from May 2021 till August 2022 in which 56 people died, including four in custody, and 145 were injured.On Tuesday, the counsel for Assam informed the Supreme Court that the high court had dismissed the PIL, deeming it “premature.” However, the apex court observed, “Petitions like this can’t be brushed aside as premature.”Bhushan further argued that both the National Human Rights Commission (NHRC) and the Assam Human Rights Commission had failed to discharge their duties and that due process of law had not been followed in these cases.The Supreme Court, addressing the NHRC’s role, remarked, “In civil liberty matters, the Supreme Court expects you [NHRC] to be at the forefront.”Clarifying that the case was not adversarial litigation, the apex court acknowledged the sensitivity of the matter and Assam’s geographical location. It fixed the next hearing for November 26.The petitioner had earlier argued before the high court that over 80 “fake encounters” were conducted by Assam Police between May 2021 and August 2022, leading to 28 deaths. The plea noted, “It is sad that many people killed or injured were not dreaded criminals,” and called for an independent investigation by the CBI, SIT, or a police team from another state under the court’s supervision.
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