SC asks Assam rights panel to probe 'fake encounters' independently

The Supreme Court on Wednesday directed the Assam Human Rights Commission (AHRC) to conduct an independent and time-bound inquiry into allegations of fake police encounters in Assam.

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The direction came in a petition alleging widespread extra-judicial killings in the state and non-compliance with the apex court’s guidelines laid down in PUCL v. State of Maharashtra concerning investigation of police encounters.

A bench comprising Justices Vikram Nath and N. Kotiswar Singh underlined the constitutional importance of human rights commissions in safeguarding civil liberties and expressed full faith in the AHRC’s ability to discharge its duties impartially.

"We entrust the inquiry to the Assam HRC for a necessary probe, independently and expeditiously. It must be ensured that victims and family members are given a fair opportunity. The state commission shall issue a public notice inviting all those claiming to be aggrieved. Confidentiality must be ensured," the bench said.

The court reaffirmed the PUCL guidelines, which mandate the registration of FIRs, magisterial inquiries, and informing the next of kin. "They affirm the primacy of the rule of law. No individual or institution is above it," the court observed.

While acknowledging that certain cases may merit deeper scrutiny, the bench held that a general direction based solely on a compilation of cases was not sustainable. However, it empowered the commission to initiate further investigations where necessary and instructed the Assam government to cooperate fully and eliminate any institutional hindrances to the probe.