Assam: Supreme Court directs AHRC to probe alleged fake encounter killings

Staff Reporter

Guwahati: The Supreme Court has directed the Assam Human Rights Commission (AHRC) to probe the alleged cases of fake encounter killings by police in Assam. The Supreme Court (SC) pronounced the judgement which was reserved on February 25, 2025.

The direction was passed by a bench of Justices Surya Kant and N Kotiswar Singh on a petition filed by advocate Arif Yeasin Jwadder challenging the Gauhati High Court’s refusal to order an independent probe into the encounters.

While observing that a mere compilation of cases cannot lead to omnibus judicial directions, the apex court acknowledged that the allegation of fake encounters is a serious one. It also observed that use of excessive or unlawful force exerted by public authorities on victims cannot be legitimised.

“The allegation that some of these incidents may involve fake encounters is indeed serious, and if proven, would amount to a grave violation of the right to life under Article 21 of the Constitution. It is also equally possible that upon a fair, impartial and independent investigation, some of these cases might turn out to be necessary and legally justified,” the bench added.

The SC ordered that the investigation be conducted by the Assam Human Rights Commission, and the order of the commission on Jan 18, 2022, by which the AHRC closed the suo motu case, was set aside. The SC directed that AHRC will publish a notification in newspapers so that families of the victims can be heard. They will also appoint members from among retired senior police officers to assist them. The state government is to provide forensic and other facilities to the AHRC and remove any institutional barriers that may come in their way, the ruling said.

It is to be mentioned that the case was filed by advocate Arif Jwadder in Gauhati High Court demanding an independent investigation. However, the HC bench led by Justice Suman Shyam disposed of the petition in a single hearing, though the case was earlier being heard by the Chief Justice-led HC bench and had indicated that compensation and investigation were forthcoming.

The petitioner then moved the Supreme Court through a Special Leave Petition, appealing for an investigation by a SIT.

The petitioner was represented by famous civil liberties lawyer Mr Prashant Bhushan and was assisted by Ria Yadav.

Talking to The Sentinel, advocate Arif Jwadder said, “This is not just a legal milestone—this is a moment of hope for every ordinary citizen who dares to believe that justice is still possible. The Supreme Court’s order for a reinvestigation by the Assam Human Rights Commission reaffirms a simple yet powerful idea: that every human life matters, and no authority is above the Constitution.”

“We had asked for a CBI or SIT probe. But even this direction—handing the matter to an independent constitutional body—opens the door for truth to finally come out. It’s a step toward justice for those voiceless families who have suffered silently, whose sons were shot and labelled without trial, without proof, and without remorse. This case is not about politics. It’s about people—about mothers still waiting, children still asking, and a society that must never grow numb to bloodshed carried out in its name. I will continue to stand by them, to speak for them, until accountability is not just demanded but delivered. No one wearing a uniform should feel empowered to take a life without fearing the consequences. This fight will go on—not just in the courtroom, but in the conscience of the nation,” he added.

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