New Delhi: The Supreme Court on Wednesday directed the Assam Human Rights Commission to probe the alleged cases of fake encounter killings by police in the state. The direction was passed by a bench of Justices Surya Kant and N Kotiswar Singh while hearing a petition filed by advocate Arif Yeasin Jwadder.
Notably, Jwadder filed the petition challenging Gauhati High Court's refusal to order an independent probe into encounters in the state, reported Bar and Bench. The SC bench acknowledged that the allegation of fake encounters is serious.
The top court said that the excessive or unlawful force used by public authorities could be legitimised, as per the Bar and Bench report.
"The allegation that some of these incidents may involve fake encounters is indeed serious and if proven, would amount to a grave violation of 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 said, as quoted by the legal news website.
"Accordingly, we deem it appropriate to entrust the inquiry of the matter to the State Human Rights Commission," the bench ordered. The top court also said that the victims of the alleged fake encounters or their families must be given opportunity to participate in the proceedings.
The bench directed the State Commission to take he services of retired or serving police officers of "impeccable integrity and unblemished record".
