E-Paper
SC directs Assam rights panel to investigate alleged extrajudicial killings
Lawyer Arif Jwadder moved the Supreme Court over the alleged extrajudicial killings after the high court rejected his plea seeking action over alleged 171 fake “encounters”
The Supreme Court on Wednesday directed the Assam Human Rights Commission (AHRC) to investigate a series of alleged extrajudicial killings in the northeastern state, saying the use of excessive or illegal force cannot be justified. It overturned a January 2022 AHRC decision to close a case on the alleged extrajudicial killings, citing a pending plea on the issue in the Gauhati high court.
A bench of justices Surya Kant and N Kotishwar Singh directed the commission to reconsider the matter and conduct the probe, including into allegations of injuries in extrajudicial police action, popularly known as encounters. It asked the AHRC to approach the matter with sensitivity and the Assam government to cooperate fully and remove any institutional barriers.
Lawyer Arif Jwadder moved the Supreme Court over the alleged extrajudicial killings after the high court rejected his plea seeking action. His plea alleged 171 fake “encounters” between May 2021, when the Bharatiya Janata Party (BJP) returned to power with Himanta Biswa Sarma as the chief minister, and August 2022.
In January 2023, the high court said people were killed and injured in police action, but the state government had registered first information reports to probe them. Jwadder’s petition said 54 people were killed and 140 injured in police action.
The Supreme Court directed the AHRC to issue public notices in English and local newspapers to inform all concerned parties about the probe, ensuring affected families are heard. It said the AHRC may additionally appoint independent members to assist in this process. “The state government is ordered to provide full forensic support and necessary resources to the commission, while also eliminating any administrative obstacles that might hinder their investigation,” the court said.
Jwadder welcomed the Supreme Court verdict, calling it a legal milestone. “...this is a moment of hope for every ordinary citizen who dares to believe that justice is still possible.” He said the Supreme Court’s order reaffirms a simple yet powerful idea. “...that every human life matters, and no authority is above the Constitution.”
He added that his plea sought a Central Bureau of Investigation or a Special Investigation Team probe, but handing the matter to an independent constitutional body opens the door for the truth to come out. “It is a step toward justice for those voiceless families who have suffered silently, whose sons were shot and labeled without trial, without proof, without remorse. This case is not about politics. It is about people and mothers still waiting, children still asking, and a society that must never grow numb to bloodshed carried out in its name.”
Jwadder vowed to continue standing by and speaking for the victims until accountability is 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.”
