Latest news with #AssamHumanRightsCommission
Hindustan Times
29-05-2025
- Politics
- Hindustan Times
SC asks AHRC to probe Assam ‘fake encounters'
The Supreme Court on Wednesday ordered the Assam Human Rights Commission (AHRC) to conduct an independent and expeditious probe into 171 alleged fake police encounters in the state that resulted in 56 deaths and 145 injuries between May 2021 and August 2022. A bench of justices Surya Kant and N Kotiswar Singh reinstated complaints before the AHRC that had been stalled since January 2022, emphasising that 'fair and impartial inquiry' was essential to ensure justice for victims and uphold the rule of law. The court's intervention came after the Gauhati High Court dismissed a petition seeking a Central Bureau of Investigation (CBI) probe in January 2023. The AHRC had earlier refused to examine the complaints citing the pending high court hearing. Lawyer Arif Mohammad Yeasin Jwadder filed the petition alleging that Assam police violated Supreme Court guidelines established in the 2014 People's Union for Civil Liberties v State of Maharashtra case. The PUCL judgment mandated magisterial inquiries following encounter deaths, FIR registration, and forensic examination of weapons. The Assam government acknowledged before the high court that 171 police encounters occurred during the specified period, resulting in 56 deaths—including four custodial deaths—and 145 injuries. Petitioner's advocate Prashant Bhushan argued that procedural safeguards were violated, citing instances where FIRs were registered against victims, investigations were conducted by police from the same state or district, and ballistic reports were not obtained in all cases. Justice Kant, who authored the judgment, noted that while some of the petitioner's allegations appeared 'factually incorrect or incomplete,' the gravity of issues involving Article 21 fundamental rights required meaningful enforcement of procedural safeguards. 'The principle of fairness, which is the bedrock of all just legal processes, mandates that any inquiry into the alleged excesses must be independent and insulated from institutional bias,' the bench stated. The court directed the AHRC to issue public notices inviting victims and family members to come forward; publish notices in at least one national English daily and a prominent vernacular newspaper; preserve victim confidentiality; and engage serving or retired police officers of 'impeccable integrity' for deeper probes if required, provided they outrank those under investigation. The state, represented by solicitor general Tushar Mehta and additional advocate general Nalin Kohli, was ordered to provide access to records, forensic resources, and remove institutional barriers hindering the AHRC's functioning. The Assam State Legal Services Authority was directed to provide legal assistance to victims, while the petitioner was permitted to assist the AHRC if engaged by victims. The court also set aside the high court's earlier order, resolving jurisdictional issues that had prevented the matter from proceeding. The court clarified that its order should not be seen as finding 'mala fides or institutional bias' against the state. It refused to issue broad directives for independent probes, stating that 'broad-brush directives without individual scrutiny could result in miscarriage of justice.' The bench noted that the AHRC, headed by a retired chief justice of the Gauhati High Court, was well-positioned to conduct the inquiry with 'sensitivity, impartiality, and diligence.' Jwadder welcomed the verdict, calling it a 'legal milestone' and a moment of hope for ordinary citizens seeking justice. 'This is a step towards justice for those voiceless families who have suffered silently, whose sons were shot and labelled without trial, without proof, without remorse,' he said. While his petition sought a CBI or Special Investigation Team probe, Jwadder said handing the matter to an independent constitutional body would help truth emerge. 'No one wearing a uniform should feel empowered to take a life without fearing the consequences. This fight will go on not just in the courtroom, but in the conscience of the nation,' he added. HT reached out to the Assam government and the Opposition but did not get a comment. (With inputs from Utpal Parashar)
Hindustan Times
28-05-2025
- Politics
- Hindustan Times
SC directs Assam rights panel to investigate alleged extrajudicial killings
The Supreme Court on Wednesday directed the Assam Human Rights Commission (AHRC) to investigate a series of alleged extrajudicial killings in the northeastern state, saying the use of excessive or illegal force cannot be justified. It overturned a January 2022 AHRC decision to close a case on the alleged extrajudicial killings, citing a pending plea on the issue in the Gauhati high court. A bench of justices Surya Kant and N Kotishwar Singh directed the commission to reconsider the matter and conduct the probe, including into allegations of injuries in extrajudicial police action, popularly known as encounters. It asked the AHRC to approach the matter with sensitivity and the Assam government to cooperate fully and remove any institutional barriers. Lawyer Arif Jwadder moved the Supreme Court over the alleged extrajudicial killings after the high court rejected his plea seeking action. His plea alleged 171 fake 'encounters' between May 2021, when the Bharatiya Janata Party (BJP) returned to power with Himanta Biswa Sarma as the chief minister, and August 2022. In January 2023, the high court said people were killed and injured in police action, but the state government had registered first information reports to probe them. Jwadder's petition said 54 people were killed and 140 injured in police action. The Supreme Court directed the AHRC to issue public notices in English and local newspapers to inform all concerned parties about the probe, ensuring affected families are heard. It said the AHRC may additionally appoint independent members to assist in this process. 'The state government is ordered to provide full forensic support and necessary resources to the commission, while also eliminating any administrative obstacles that might hinder their investigation,' the court said. Jwadder welcomed the Supreme Court verdict, calling it a legal milestone. '...this is a moment of hope for every ordinary citizen who dares to believe that justice is still possible.' He said the Supreme Court's order reaffirms a simple yet powerful idea. '...that every human life matters, and no authority is above the Constitution.' He added that his plea sought a Central Bureau of Investigation or a Special Investigation Team probe, but handing the matter to an independent constitutional body opens the door for the truth to come out. 'It is a step toward justice for those voiceless families who have suffered silently, whose sons were shot and labeled without trial, without proof, without remorse. This case is not about politics. It is about people and mothers still waiting, children still asking, and a society that must never grow numb to bloodshed carried out in its name.' Jwadder vowed to continue standing by and speaking for the victims until accountability is delivered. 'No one wearing a uniform should feel empowered to take a life without fearing the consequences. This fight will go on not just in the courtroom, but in the conscience of the nation.'
India Today
28-05-2025
- Politics
- India Today
Impartial probe needed: Supreme Court heat on Assam over 'fake' encounters
The Supreme Court has directed the Assam Human Rights Commission to conduct an "impartial and diligent" inquiry into 171 alleged cases of fake encounter killings by police in that the allegations were serious, a bench of Justices Surya Kant and N Kotiswar Singh directed the commission to issue a public notice asking families of alleged encounter victims to come allegation that some of these incidents may involve fake encounters is indeed serious and, if proven, would amount to a violation of the right to life under Article 21 of the Constitution. It is also equally possible that upon a fair, impartial and independent investigation, some of these cases might turn out to be necessary and legally justified," the court said. The petition was filed by an advocate, Arif Yeasin Jwadder, after the Gauhati High Court had dismissed his plea in 2023 concerning alleged fake encounters by Assam has alleged that over 80 such encounters have led to 28 deaths and 48 injuries since May 2021, when Himanta Biswa Sarma took General Tushar Mehta, appearing for the Assam government, argued that an investigation would demoralise the security personnel, who put their lives at stake to safeguard the nation from terror attacks and militancy.'PROTECTION OF IDENTITY ESSENTIAL'advertisementWhile passing the order, the top court issued a string of guidelines for the state commission, saying the alleged victims or their families must be given a fair opportunity to participate in the court also directed the commission to ensure the confidentiality of the identity of the alleged victims. "The protection of identity is essential to create an atmosphere of trust... ensure families of the victims are not disadvantaged," the Supreme Court bench the Supreme Court said that if the commission felt a more detailed probe was required, it could engage retired police officials of "impeccable integrity" for court also asked the Assam government to ensure that all requirements are met and ensure access of all records to the human rights commission.
