The Supreme Court on Monday issued notice to the Assam government and others on a plea challenging a Gauhati High Court order, declining to entertain a PIL on police encounters after Chief Minister Himanta Biswa Sarma assumed power in the state in May 2021.
A bench of Justices S Ravindra Bhat and Aravind Kumar sought a response state government, the National Human Rights Commission and others on a plea by advocate Arif Md Yeasin Jwadder.
The petitioner, represented by advocate Prashant Bhushan, claimed that as per police statements published in newspapers, in every case the accused tried to snatch police personnel service weapons and in self-defence, police retaliated and opened fire.
The plea contended that more than 80 “fake encounters” took place between Assam police and those accused in different cases since May 2021, and 28 people died and many were injured.
Those killed or injured were not dreaded criminals, and the police’s modus operandi has been the same in all the encounters, the petitioner submitted, seeking a direction for a probe by either CBI or SIT, or a police team from other states under court supervision.
In January, the high court had rejected the PIL after noting that the state government is already conducting investigations in each case and no other separate probe is required.