Guwahati, Jan 18: The Gauhati High Court on Wednesday reserved its judgment on the public interest litigation (PIL) against alleged fake encounters by Assam Police in the state.
Activist and New Delhi-based lawyer from Assam, Arif Jwadder, the petitioner, had filed the PIL seeking inquiry into the alleged fake encounters by an independent agency such as the CBI, SIT or any police team from other states under the supervision of the court.
The petition was heard and argued in the court on Wednesday.
The petitioner argued that FIRs have been lodged against the victims and not against the police personnel as mandated under the People’s Union for Civil Liberties (PUCL) versus state of Maharashtra case.
The Assam government, in its latest updated affidavit, stated 171 incidents of police firing and four custodial deaths.
However, the petitioner argued before the court that independent investigations have not been done as mandated under the PUCL versus state of Maharashtra case.
He stated that only magisterial inquiries were done in 92 incidents, FSL tests were done in 48 incidents while ballistic tests were done in 40 incidents.
The petitioner questioned that without complete FSL and ballistic tests how could an independent investigation be done.
He further stated that even as the state government, in its latest affidavit, stated that 171 incidents of police firing and four custodial deaths took place (175 incidents altogether), an independent investigation has not been done as mandated under the PUCL judgment.
Besides the Assam government, state DGP, law and justice department, National Human Rights Commission and Assam Human Rights Commission have been named as respondents in the PIL filed by Jwadder.
According to the petitioner, the dead or injured persons were not militants and that “it cannot be the case that all the accused could snatch a service revolver from trained police officers.”
On hearing both sides, the special division bench of Justice Suman Shyam and Justice Susmita Phukan Khaund reserved the judgment.