GUWAHATI, Sept 10: The Supreme Court’s potential move to form a Judicial Commission to investigate alleged fake encounter cases against the Assam Police marks a significant development on Tuesday’s hearing on a Special Leave Petition (SLP) filed by advocate and activist Arif Jwaddar. The petition raised concerns over numerous police encounters in Assam, questioning their legitimacy and suggesting that some may have been staged or unjustified.
A division bench comprising Justice Surya Kant and Justice Ujjal Bhuyan, during the hearing, sought suggestions for the names of retired judges who could lead the probe into these encounters on a case-to-case basis.
While hearing the SLP, a division bench of the Supreme Court comprising Justice Surya Kant and Justice Ujjal Bhuyan sought names of some retired judges who can probe into the alleged fake encounter cases on a case-to-case basis.
The SLP was filed challenging the Gauhati High Court order disposing the public interest litigation (PIL) of the petitioner.
Justice Surya Kant reiterated that the court intends to form a Judicial Commission and asked for names of retired judges from both petitioner and respondent.
When counsel for state senior Additional Advocate General for Assam Nalin Kohli said that not a single police personnel had been promoted who were involved in the encounter then Justice Ujjal Bhuyan said that it is not a good thing for the rule of law that so many accused are loosing their lives like that.
Kohli stated that it is in the process of filing an affidavit as directed by the court and after hearing both the parties the court adjourned the matter till October 22.
Notably, the state government hasn’t filed an affidavit till date for the last two dates.
Prashant Bhushan, Advocate -on- record and civil rights activist appeared on behalf of the petitioner Arif Jwadder, advocate.
In its previous hearing of the case on April 30, the apex court sought names of some retired High Court judges and retired senior police officers who can examine case to case basis after summoning the report and examining the families of the victims and case-to-case basis and recommend which PUCL directions have been violated and its remedial measures.
The court also directed the petitioner to submit some additional information about fake encounters specifically allegations of fake encounters against the police personnel from victims.
In his supplementary affidavit, the petitioner mentioned two fake encounters in which three persons- Dipjyoti Neog, Manuj Buragohain and Biswanath Borgohain were injured in a staged fake encounter at Hahkhati forest reserve in Tinsukia district on December 24, 2023.
