Impartial probe needed: Supreme Court heat on Assam over 'fake' encounters

The Supreme Court has directed the Assam Human Rights Commission to conduct an "impartial and diligent" inquiry into 171 alleged cases of fake encounter killings by police in Assam.Acknowledging that the allegations were serious, a bench of Justices Surya Kant and N Kotiswar Singh directed the commission to issue a public notice asking families of alleged encounter victims to come forward.advertisement"The allegation that some of these incidents may involve fake encounters is indeed serious and, if proven, would amount to a 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 court said.
The petition was filed by an advocate, Arif Yeasin Jwadder, after the Gauhati High Court had dismissed his plea in 2023 concerning alleged fake encounters by Assam Police.Jwadder has alleged that over 80 such encounters have led to 28 deaths and 48 injuries since May 2021, when Himanta Biswa Sarma took office.Solicitor General Tushar Mehta, appearing for the Assam government, argued that an investigation would demoralise the security personnel, who put their lives at stake to safeguard the nation from terror attacks and militancy.'PROTECTION OF IDENTITY ESSENTIAL'advertisementWhile passing the order, the top court issued a string of guidelines for the state commission, saying the alleged victims or their families must be given a fair opportunity to participate in the proceedings.The court also directed the commission to ensure the confidentiality of the identity of the alleged victims. "The protection of identity is essential to create an atmosphere of trust... ensure families of the victims are not disadvantaged," the Supreme Court bench said.Further, the Supreme Court said that if the commission felt a more detailed probe was required, it could engage retired police officials of "impeccable integrity" for inquiries.The court also asked the Assam government to ensure that all requirements are met and ensure access of all records to the human rights commission.

Try Our AI Features

Explore what Daily8 AI can do for you:

Learn with AIFact CheckingText to SpeechAI Summary

Related Articles

Hindustan Times

an hour ago

• Hindustan Times

Ahead of Bihar polls, EC plans house-to-house survey for electoral roll

The Election Commission of India is planning to conduct an 'intensive house-to-house verification' of the voters' list in Bihar ahead of the assembly polls due in the state later this year, officials said on Sunday. Such an intensive and rigorous revision of the electoral rolls has been done in the past as well with the last such exercise undertaken in 2004 (HT Photo) Concerns have been raised by various civil society organisations, political parties and others persistently over the inclusion or deletion of names in the electoral rolls, the officials said. 'To ensure the system is completely robust and error-free, the ECI is considering an intensive house-to-house verification during the upcoming electoral roll revision before the Bihar Assembly polls,' an EC official familiar with the matter said requesting anonymity. Also Read | Ahead of polls, Nitish hikes social security pension in Bihar to ₹ 1,100; Jeevika workers honorarium doubled Such an intensive and rigorous revision of the electoral rolls has been done in the past as well with the last such exercise undertaken in 2004, the official said. The regular exercise of revision of electoral rolls is undertaken annually throughout the country by the EC and also before the holding of elections or bypolls. The provisions regarding eligibility to be registered as a voter and disqualification are clearly laid down in Article 326 of the Constitution and Section 16 of the Representation of the People Act, 1950 respectively, they said. Also Read | PM Modi targets RJD, Cong in marker for Bihar elections The voter list is revised regularly due to deaths and inclusion of new voters. Inter-state and intra-state movement of voters is another key reason why rolls need updation. For instance, during 2024, according to the forms received by the EC, 4.6 million people shifted their residence, 23 million applied for corrections and 3.3 million requested for replacement, the commission said in a statement issued on Sunday. Thus, in a single year, nearly 31 million changes were required to be made across the country, the commission said in the statement. Officials lamented that despite following a detailed protocol, insinuations and allegations are often made against the EC of arbitrarily inflating the electoral roll, even though the exercise is conducted with complete transparency and under constant scrutiny of political parties. Several parties, including the Congress, have accused the poll authority of manipulating voter data.

United News of India

an hour ago

• United News of India

Telangana: BRS MLC Kavitha seeks BC leaders support for proposed rail roko protest on July 17

Hyderabad, June 22 (UNI) Telangana Jagruthi president and BRS MLC, K Kavitha, on Sunday sought BC Welfare Association national president and Rajya Sabha MP R Krishnaiah for the proposed 'rail roko' protest scheduled on July 17. Kavitha, the daughter of BRS Chief and former CM KCR, who met Krishnaiah at his residence in Vidya Nagar here, requested his support for the ' Rail Roko' agitation, which aims to pressure the Central government to secure Presidential Assent for the bills granting 42 percent reservations for BCs in local body elections which passed by the Telangana Assembly earlier. Speaking to reporters on the occasion, MLC Kavitha lauded R Krishnaiah for leading numerous democratic and social movements. She stated that they have been fighting vigorously for two years to implement the Kamareddy BC Declaration given by the Congress party. She criticized the ruling Congress government, stating that despite the possibility of providing 42 per cent reservations through a GO under Article 243(D) of the Constitution, the government is not doing so and is instead shifting the blame entirely onto the President, planning to go into elections without providing reservations. She accused the Congress government of limiting its love for BCs to words and not showing it in actions. She expressed the need to collectively confront this anti-people policy, especially with leaks suggesting that the cabinet meeting might decide on local body elections. She explained that public movements appear to be the only way to pressure both central and state governments, hence the "Rail Roko" initiative. She declared, "Oar Ek Dhakka... BC Bill Pakka..." R Krishnaiah stated that MLC Kavitha is standing by the BCs and leading a movement, and he called upon all BCs to participate widely and support MLC Kavitha's movement. He praised Kavitha's struggle for the BCs, who have been subjected to injustice for generations. He remarked, "For whom is MLC Kavitha doing this movement? Isn't it for us? Therefore, we all need to support MLC Kavitha's movement. If we don't take up this movement, we have no future." He alleged that the state government is diverting public attention by rejecting the fact that the Constitution grants the state government the authority to determine the percentage of reservations in local bodies. He demanded that a GO be issued if there is genuine commitment to provide 42 percent reservations. He warned that holding elections without providing reservations would be a historic betrayal of the BCs. He unequivocally stated that if reservations are not increased, the BCs will not let go of the government. He warned that elections must be held only after providing 42 percent reservations for BCs, otherwise, there would be a "war" in the state. UNI KNR SS

Time of India

2 hours ago

• Time of India

Punjab Cong leaders express divergent views on Omar's water statement

Jalandhar: When there is nothing hidden about factionalism in Punjab Congress, the responses of the state party leaders to Jammu and Kashmir chief minister Omar Abdullah's statement about not allowing water from three western rivers of the Indus system to Punjab, after India put the in abeyance, have also been divergent, rather contradictory. Tired of too many ads? go ad free now This reflects a lack of discussions within the party on serious issues. While Punjab Congress president Amarinder Singh Raja Warring and MP Sukhjinder Singh Randhawa criticised Abdullah, MLA Pargat Singh expressed agreement with his assertion and argued that Punjab should assert the same right over its waters. "It's sad that JK CM @OmarAbdullah ji has started doing politics over the proposed canals to be constructed to prevent the flow of water to Pakistan. Want to ask Omar Sahab, doesn't it amount to treating us on par with Pakistan? We suspended the Indus Water Treaty as Pakistan proved to be a rogue and enemy nation to us. What reasons do you have to refuse water to us?" posted Warring on his X account. Randhawa also took strong exception to Abdullah's statement and said the latter undermined Punjab's sacrifice and patriotism, while also mentioning Punjab's crucial role in the food security of the country. However, Pargat took a contrasting stand, arguing for Punjab's interests using an entirely different perspective and also sought to put the Aam Aadmi Party in the dock on the issue. "Agreeing with J&K CM @OmarAbdullah's assertion that a state should first meet its own water needs before discussing its sharing with any other state - this aligns with both the Riparian Principle and the Constitution. It is a fair and forward-looking stance, and once the Indus Water Treaty is re-evaluated, water must be distributed among states based on these principles. Tired of too many ads? go ad free now Punjab asserts the same right over its waters, as highlighted by the J&K CM. However, what is deeply concerning is the @AAPPunjab spokesperson's statement suggesting that the central govt should decide water sharing. As the ruling party in Punjab, AAP's position undermines federalism and jeopardises Punjab's rightful claim over its rivers. Only a BJP B-Team would so casually surrender state rights to the Centre." Punjab expert justifies Abdullah's stance Veteran journalist Sukhdev Singh, who has been following Punjab's river water issues for close to five decades and is an expert on the subject, in a FB post justified Abdullah's stance, arguing that it aligned with internationally recognised riparian principles and the spirit of the Indian Constitution. "...Kashmir's position is also consistent with the Constitution and the Indus treaty. In fact, the interests of Kashmir and Punjab regarding the rivers are identical, which also align with riparian principles. The truth is that Punjab is merely being used in the context of the utilisation of rivers flowing through 'Kashmir' ........ If the Indian state were truly considerate towards Punjab, it would not have indiscriminately exploited 70% of the available water from Punjab's three rivers. " He sought to differ with Abdullah's remark on Kashmir's share from the Ravi and said Punjab provided Kashmir with more than its rightful share in the form of free electricity from the Thein Dam and water from Shahpur Kandi, based on an agreement made 27 years ago.