Title: SC Directs Assam Rights Panel to Investigate 171 Alleged Fake Police Encounters
Body:
New Delhi: The Supreme Court on Wednesday issued an order directing the Assam Human Rights Commission (AHRC) to inquiry into 171 alleged incidents of fake encounters carried out by state police in 2021. However, the bench, comprised of Justices Surya Kant and N Kotiswar Singh, noted that barring a few incidents, the claims about fake encounters by the person filing the petition seemed to be speculative.
Concerning a petition filed by an advocate, Justice S. R. Kant said, "We direct the AHRC to issue a public notice inviting all individuals who claim to be aggrieved (victims and their family members) by the alleged police encounters to come forward and furnish relevant evidence."
Noting the need for a fair and impartial inquiry, the bench recommended that the AHRC consider an investigative team consisting of police officials unconnected to the alleged encounters, should it be deemed necessary. The court also emphasized the importance of robust measures akin to witness protection protocols to safeguard the privacy, safety, and security of individuals participating in such inquiries.
The state’s counter-affidavit stated that 125 of the 171 cases had chargesheets filed, while forwarding reports were submitted in 23 cases, and the remaining 23 cases were under investigation. The intervention leaned towards initiating the criminal process instead of addressing allegations of police misconduct.
Justice Kant further addressed the ground-level examination of 1,322 FIRs submitted by the Assam police regarding the allegations. "We have found avoidable omissions or irregularities in responding to the reports," he noted, justifying "the non-filing" of the PIL.
The judge highlighted the critical phase of the legal process, asserting, "the statement upon receipt of a report and through papers."
In closing, Justice Kant’s analysis exudes a firm commitment towards adhering to stringent procedural standards, facilitating propriety in handling matters of law, and ensuring transparency in the judicial process. Instead of a strategic reshuffling of wordsDocumenting the es>socratic analysis, n
the finalized version:
Supreme Court Directs AHRC to Investigate 171 Police Encounters
• alleging fake encounters
