Pallab Bhattacharyya
On the early morning of 4 November 2026, a high-profile criminal narrative met a violent end near Rongmon Dhaba at Phulpanisiga under Gorisagar Police Station. Ghanakanta Gogoi, the prime accused in the gruesome mass shooting at Hotel Bilas Inn in Guwahati's Bora Service area that claimed five lives on 26 October 2026, was gunned down by Sivasagar Police while being transported from Guwahati. The incident unfolded despite explicit concerns regarding his safety. Upon his production at court after a seven-day remand, the advocate representing the accused expressed strong suspicions that his client would be killed in a staged police encounter, prompting judicial instructions to ensure he was kept alive and unharmed. However, while being moved overnight to Sivasagar on a production warrant for an older loan-fraud case, Gogoi allegedly scuffled with his escort and attempted to snatch an officer's weapon. The police opened fire, severely injuring Sub-Inspector Debashish Sharma and leaving Gogoi dead on arrival at Sivasagar Civil Hospital. This incident has once again thrust the spotlight onto extrajudicial violence, police encounters, and the rule of law in Assam.
The legal discourse surrounding encounter killings in India is heavily shaped by the jurisprudence of the Supreme Court of India. In the landmark judgment PUCL v. State of Maharashtra (2014), the Supreme Court laid down sixteen mandatory guidelines to be followed in all cases of death resulting from police encounters. These guidelines mandate immediate registration of an FIR, an independent investigation by the CID or another police team under an officer senior to the encounter team, a compulsory magisterial inquiry, prompt notification to human rights bodies, and full ballistic testing of officers' weapons. Furthering this jurisprudence specifically for Assam, the Supreme Court delivered a pivotal ruling on 28 May 2025 in Arif Md. Yeasin Jwadder v. State of Assam. The Court set aside a Gauhati High Court order and observed that police cannot investigate themselves when serious allegations of encounter killings are raised. Recognizing potential conflicts of interest and incomplete procedural compliance, the Supreme Court directed the Assam Human Rights Commission (AHRC) to conduct an independent inquiry into allegations of extrajudicial killings since 2021, emphasizing that no individual or agency is above the law and warning against the glorification of encounters.
To understand the recurrence of such events, it is necessary to highlight the reasons why police resort to encounters in Assam. A primary factor is the severe delay and structural weakness in the criminal justice system. Protracted trials, low conviction rates, and cumbersome litigation often generate deep public frustration, creating a strong appetite for instant retribution and public approval. When violent crimes provoke intense public outrage, a swift and aggressive police response becomes politically attractive, creating institutional rewards for instant justice. In Assam, this tendency is further compounded by a long history of counter-insurgency operations, where habits of force-first policing developed in conflict zones have gradually bled into routine law enforcement. Weak evidence-gathering capabilities, coupled with poor witness protection infrastructure, often lead police to doubt whether a conviction can be secured in court, prompting them to use lethal force arce as as a a substitute for thorough investigation. Institutional incentives, weak immediate oversight, minimal risk of swift penal consequence, and the fear and economic powerlessness of victims' families further embolden officers to adopt formulaic self-defence narratives. Simultaneously, genuine dangerous working conditions where police face armed resistance also remain a reality, making independent scrutiny essential to distinguish lawful self-defence from extrajudicial executions.
Navigating a way forward requires systemic structural reform that balances public safety with strict constitutional compliance. Every police shooting must automatically trigger a mandatory, independent investigation led by an agency separate from the involved district's hierarchy from day one. Custodial transport protocols must be modernized: night transfers of high-risk accused should be strictly prohibited, and video-conferencing ought to be prioritized for court productions. Modern technological integration, such as mandating body-worn cameras and vehicle dashcams during transit and scene operations, can provide indisputable objective evidence to verify or refute police claims. Furthermore, strengthening the state human rights apparatus, establishing fast-track courts for heinous crimes, ensuring victim-centered legal aid,
Allah is With the Patient
— The Quran