SHILLONG:
Following a Public Interest Litigation (PIL) filed by lawyer Arif Md Yeasin Jwadder seeking a high-level probe in the encounter cases in Assam, the Gauhati High Court on May 11 granted three weeks time to the government to file affidavits on the matter.
Jwadder, in his petition, had sought investigation by independent agencies such as CBI, SIT, or any other police teams from other states under the supervision of the court.
He had also sought a judicial inquiry by a sitting judge of the Gauhati High Court into the incidents and monetary compensation to the victims’ families after due verification.
Jwadder had in the PIL claimed that more than 80 “fake encounters” have taken place in the state, resulting in 28 deaths, and 48 injuries.
The people killed or injured were not dreaded criminals and the modus operandi of police has been the same in all the encounters, the PIL said.
On Wednesday, Jwadder argued that the investigation into fake encounters is not being done according to the law, and Advocate General for Assam Debajit Saikia sought three weeks’ time to file an affidavit in this regard.
“However, the director-general of police (DGP), the department of law and justice and Assam Human Rights Commission (AHRC) are yet to respond to the notice issued to them,” Jwadder said in a tweet.
It has been submitted that though the petitioner has received a number of copies of the
First Information Reports, the same has not been registered in terms of the requirements of the decision of the Supreme Court in People’s Union for Civil Liberties and another Vs. State of Maharashtra and others (Criminal Appeal No.1255 of 1999 and other analogous matters ) decided on 18.07.2019.
In an affidavit before the High Court on February 7, the state home & political department additional secretary said that as per the directions of the NHRC, the 6-monthly “return” is also being regularly submitted.
Due process of law and all guidelines issued by the National Human Rights Commission (NHRC) are being followed in all cases of police encounters that have taken place in Assam since May last year, the State government claimed.
In the affidavit, the state government informed the court that 28 people have been killed and 73 others injured in police action from May 10 last year, when chief minister Himanta Biswa Sarma assumed charge, till January 28 this year.