Gauhati High Court asks State Government to submit details on probe into alleged fake encounters in Assam

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The Gauhati High Court on Monday has asked the State Government to submit details of the probe initiated over the issue of alleged fake encounters while calling upon the Advocate General to appraise the court over the alleged human rights violations in the State.

A  division bench of Chief Justice Sudhanshu Dhulia and Justice Soumitra Saikia has issued notice in the plea while directing the AG to inform the Court whether FIRs have been filed or not. 

Counsel appearing for the State submitted that the police officers have shown utmost patience and perseverance, whereas, five policemen have been killed and nobody is talking about the human rights violation of the police officers.

The plea by Advocate Arif Jwadder has alleged that more than 80 fake encounters between the Assam Police and the alleged accused took place from May 2021 till date resulting in 28 deaths and more than 48 injured.

Senior Advocate Indira Jaising appearing for the petitioner submitted that the plea has raised an issue of public importance the Assam Human Rights Commission (AHRC) took suo-moto cognizance over the issue and asked the Assam Government to file a report in this regard, however, no substantive progress has been made.

In addition to which the plea has alleged, "It appears that the State Commission took the suo motu cognizance of the matter to bar the NHRC of its jurisdiction under Section 36(1) of the1993 even though the matter was already pending before the NHRC."

It has sought monetary compensation for the families of victims, direction to the Assam government to specify a Human Rights Court in every district along with a judicial inquiry on the sitting judges of the High Court.

The bench has listed the matter for hearing on January 11, 2022.

Case Title: Arif Md Yeasin Jwadder Vs. State of Assam and Ors.