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SURYA KANT, N. KOTISWAR SINGH
Arif Md. Yeasin Jwadder – Appellant
Versus
State of Assam – Respondent
What are the remedial measures necessary when allegations of fake encounters are made? What is the role of Human Rights Commissions in investigating alleged human rights violations? How to ensure adherence to procedural safeguards in police encounter investigations?
Key Points: - The Supreme Court set aside the High Court's dismissal of a Public Interest Litigation (PIL) concerning alleged fake encounters in Assam (!) . - The Court emphasized the necessity of independent investigations into police encounters to uphold constitutional rights and ensure adherence to procedural safeguards (!) . - The Appellant alleged 80 fake encounters in Assam between May and December 2021, resulting in 28 deaths and 48 injuries [p_5.1]. - The High Court had dismissed the PIL, finding it premature and vague, and stating the appellant failed to point out procedural infirmities in the inquiries (!) . - The Court reiterated the mandatory guidelines laid down in the PUCL case for investigating encounter killings, including FIR registration, independent investigation, and magisterial inquiry (!) (!) . - The Court found that while FIRs were registered in most cases, the uniform adherence to all PUCL guidelines, particularly regarding independent investigation and timely forensic analysis, was inconclusive and warranted further scrutiny (!) (!) . - The Court directed the Assam Human Rights Commission (AHRC) to reinstate and conduct an independent inquiry into the allegations of police encounters (!) (!) . - The AHRC was directed to issue a public notice inviting aggrieved individuals and their families to come forward, ensuring confidentiality and providing access to legal aid (!) (!) (!) . - The State of Assam was directed to extend full cooperation to the AHRC, providing logistical, financial, and administrative support (!) (!) . - The appeal was allowed, and the High Court's judgment was set aside (!) .
JUDGMENT :
SURYA KANT, J.
1. Leave granted.
2. The instant matter arises from a series of encounters reported in the State of Assam (Respondent No. 1), the authenticity of which has been called into question on various counts. At the heart of these proceedings lie concerns that straddle the delicate boundary between the imperatives of law enforcement and the inviolable guarantees of life and personal liberty enshrined in our Constitution.
3. This appeal is directed against the judgment dated 27.01.2023 (Impugned Judgment), whereby the High Court of Gauhati (High Court) dismissed PIL No. 86/2021, inter alia seeking: (i) records of all alleged fake encounters in the State of Assam, (ii) registration of FIR against the erring police officials and (iii) independent investigation against such officials in compliance with the guidelines laid down by this Court in People’s Union for Civil Liberties and Another vs. State of Maharashtra and Others, (2014) 10 SCC 635. The petition was dismissed by the High Court, holding that the PIL was premature and the documents placed on record only made out vague assertions. Nevertheless, the High Court directed that the Appellant shall be provided all lega
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