SC Orders AHRC Probe Into Assam Fake Encounter Claims
The Supreme Court has directed the Assam Human Rights Commission (AHRC) to investigate 171 alleged fake encounters by the state police. The order revives scrutiny into a matter that had been earlier dismissed by the Commission. A bench of Justices Surya Kant and N. K. Singh delivered the order in response to a Public Interest Litigation (PIL), stressing that each case must be assessed in accordance with constitutional and human rights obligations.
The Court reinstated the matter which the AHRC had earlier disposed of on January 12, 2022, and instructed the Commission to now complete a comprehensive probe within a reasonable timeframe.
Compliance With PUCL Guidelines
The Supreme Court highlighted the importance of adhering to the procedural safeguards laid out in the 1996 People’s Union for Civil Liberties (PUCL) guidelines on police encounters. These include filing an FIR, conducting an independent investigation, carrying out a magisterial inquiry, using forensic methods, and informing the victim’s next of kin.
Further, the apex court emphasized that compensation should be considered, and the relevant State and National Human Rights Commissions should be informed in each case. The judges made it clear that the allegations could not be brushed aside and required impartial verification by a credible authority.
Faith in AHRC’s Current Leadership
Expressing confidence in the current leadership of the Assam Human Rights Commission, the bench noted that the Commission is now headed by a retired Chief Justice of a High Court, which gives credibility to the new investigation process. The judges stated that the leadership is expected to address the matter with sensitivity and constitutional discipline.
The ruling is expected to serve as a precedent for how human rights allegations against law enforcement agencies should be handled, particularly in regions with complex security challenges like Assam. This also signals the judiciary’s broader commitment to upholding due process and fundamental rights in every corner of the country.
