New Delhi [India], May 28 (ANI): The Supreme Court on Wednesday directed the Assam State Human Rights Commission to inquire into all alleged incidents of extra-judicial killings in the state.
A bench of Justices Surya Kant and N Kotiswar Singh use of excessive or unlawful force by public authorities in victim cannot be legitimised.
“This is a case of encounters in the state of Assam. The use of excessive or unlawful force by public authorities against a victim cannot be legitimised. We have held that just compilation of cases cannot lead to judicial directions as it may shield the guilty,” the bench stated in its verdict.
Though the bench observed that a mere compilation of cases cannot lead to omnibus judicial directions, it acknowledged that the allegation of fake encounters is serious.
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, said the bench.
“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,” it added.
The verdict of the top court came on a petition filed by advocate Arif Yeasin Jwadder against a Gauhati High Court order refusing to order an independent probe into the encounters.
The apex court said that some of the cases flagged by the state of Assam may warrant further evaluation to ascertain whether the guidelines previously laid down by the Supreme Court have been complied with.
The bench further said that victims of the alleged incidents or their families must be given a fair and meaningful opportunity to participate in the proceedings and directed the State Human Rights Commission to issue a public notice.
If the Commission concludes that further investigation is warranted, it shall be at liberty to do so, the apex court said.
The petition while raising concern over alleged fake encounters in the state, had sought the registration of FIRs against the accused police personnel. (ANI)
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