Gaurav Gogoi eyes CM Himanta Biswa Sarma as Supreme Court directs probe of police encounters

The Supreme Court on Wednesday, 28 May, directed the Assam Human Rights Commission (AHRC) to conduct an independent probe into police encounter cases where proper procedure was allegedly not followed in the state. The cases took place between May 2021 and August 2022.

Taking cognisance of the direction, Assam state Congress president and deputy leader of the Opposition in Parliament Gaurav Gogoi posted on X, calling it a "black day" and saying, "This stain is the result of Chief Minister Himanta Biswa Sarma, who forced the Assam police to adopt unconstitutional means. This was not the case in pre-2021 Assam."

The Congress leader from Assam, who won his Lok Sabha seat from the chief minister’s own constituency of Jorhat, called for an apology from Sarma for "tarnishing [the police force's] image and spoiling their record".

In the Supreme Court, a bench of justices Surya Kant and N. Kotiswar Singh, which disposed of a plea alleging fake encounters by Assam police, said that a few specific instances might warrant further evaluation, though a blanket direction based on a mere compilation of cases was not justified.

The plea sought an independent investigation into over 171 police encounters in Assam between May 2021 and August 2022.

The bench said among the many cases flagged by petitioner Arif Md Yeasin Jwadder for alleged non-compliance with procedural guidelines laid down by the court in 2014 on the investigation into encounters, most appear to be factually incorrect.

Barring a few of the cases, it was difficult to conclude that there were flagrant violations of guidelines, the court added, however — even as it handed over the list to the Assam HRC, granting it liberty to initiate further investigations, and asked the Assam government to extend all cooperation and remove any institutional barriers to the inquiry.

"We entrust this matter to Assam HRC for necessary enquiry, independently and expeditiously. It must be ensured that victims and family members are given a fair opportunity," the bench said, and directed the Commission — headed by a retired high court chief justice — to issue a public notice inviting claims from the aggrieved, while ensuring confidentiality.

It also specifically asked the AHRC to safeguard the privacy of the complainants and to approach the matter with sensitivity.

In addition, it directed the Assam State Legal Services Authority to provide legal aid to the kin of the victims of alleged fake encounters.

On 25 February, the top court had reserved its verdict on the plea alleging fake police encounters in Assam and non-adherence to the 2014 guidelines.

The Assam government had told the top court that the 2014 guidelines for investigating police encounters were duly followed in the state and that any unnecessary targeting of security forces was demoralising.

The Assam government had said the Supreme Court's guidelines for the investigation of police encounters in the 2014 case of PUCL vs Maharashtra were being "followed to the hilt" and questioned the bonafide of the petitioner Arif Md Yeasin Jwadder.

On February 4, the top court said it couldn't get into the merit of the alleged 171 police encounters but would only see whether its guidelines on such extra-judicial killings were duly followed.

The petitioner has challenged a January 2023 order of the Gauhati High Court, which dismissed a PIL over the encounters by Assam Police.

In its order, the high court referred to an affidavit of the Assam government stating that 171 incidents took place between May 2021 and August 2022 in which 56 people died, including four in custody, and 145 were injured.

On October 22, last year, the top court termed the situation "very serious" and sought details, including on the probe conducted in these matters.

In July 2023, it sought responses from the Assam government and others on the plea challenging the high court order.

The petitioner claimed before the high court that over 80 "fake encounters" were conducted by Assam Police from May 2021 till the filing of the writ petition, resulting in 28 deaths.