New Delhi, May 28 (PTI) The Supreme Court on Wednesday directed the Assam Human Rights Commission (AHRC) to conduct an independent probe into police encounter cases where proper procedure was allegedly not followed in the state between May 2021 and August 2022.
A bench of Justices Surya Kant and N Kotiswar Singh said that the records furnished by the Assam government themselves indicate that some instances may warrant further evaluation to ascertain whether the guidelines laid down in the 2014 verdict of PUCL versus the state of Maharashtra have been meticulously complied with, in both letter and spirit.
The court gave the order while disposing of a plea that sought an independent investigation into over 171 police encounters in Assam between May 2021 and August 2022.
In the 2014 verdict, the top court had issued sixteen mandatory guidelines, which provide for the registration of FIR, independent investigation, magisterial inquiry, involvement of forensic science, informing the next of kin, compensation and information to the NHRC and State Human Rights Commission (SHRC), among others.
The apex court said the gravity of the issues involved, namely, implicating the fundamental rights under Article 21 requires that procedural safeguards are not merely observed in form, but are meaningfully enforced to inspire public confidence in the Rule of Law.
"The order dated January 12, 2022, passed by the full bench of the AHRC disposing of this issue on the pretext that the subject matter was sub-judice before the high court is also set aside.
"This matter is directed to be reinstated on the board of the AHRC for necessary inquiry into the allegations independently and expeditiously, in accordance with law," it said.
The top court said its observation that Assam has not followed the guidelines should not be construed as casting any aspersion on the investigation carried out by the state.
"No finding of mala fides or institutional bias can be returned through a summary procedure such as the instant proceedings.
"Given the constitutional importance of the procedural mandates enunciated by this Court, it is imperative, in the interest of justice, that an impartial and independent institution undertakes a careful verification of compliance in each case.
"Such scrutiny, if undertaken in good faith and within the administrative framework already available, will reinforce transparency and accountability in the criminal justice process," it said.
The bench directed the AHRC to issue a public notice inviting all individuals who claim to be aggrieved (victims and their family members) by the alleged police encounters to come forward and furnish relevant information or evidence before the AHRC.
"The notice shall be published in at least one national English daily and one prominent vernacular newspaper with wide circulation throughout the State of Assam.
"The notice shall also include the contact details of the officers of the Taluka and District Legal Services Authorities, thereby enabling the victims and/or their families to access free legal aid," it directed.
Issuing a slew of directions, the bench further said that the AHRC may ensure that the identity of the victims, their families or any other individuals who approach it in connection with the inquiry shall be strictly confidential and the commission was expected to adopt robust measures akin to witness protection protocols.
Noting that the AHRC is headed by a retired chief justice of the high court, the bench said during the course of its inquiry, if the Commission forms the opinion that a more detailed investigation is warranted, it shall be at liberty to initiate such an investigation through means it deems fit.
"For this purpose, the AHRC may engage the services of retired or serving police officers of impeccable integrity and unblemished record, provided that such officers are not in any way connected with the police personnel involved in the alleged incidents," it said.
"We trust that the AHRC will proceed with the highest degree of sensitivity, impartiality and diligence, thereby reinforcing public faith in the institutional mechanisms for protecting human rights," it said.
It directed the Assam government to provide access to records, facilitate the availability of forensic and expert resources, and remove any institutional barriers that may hinder the functioning of AHRC.
At the outset, the bench said upon a comprehensive examination, it emerges that several instances cited by the appellant to demonstrate procedural noncompliance of PUCL guidelines are factually incorrect or incomplete.
"The appellant has failed to independently place on record any cogent or verifiable material to substantiate the allegations. He has merely relied upon the data furnished by the State itself to highlight purported lapses.
"After minutely scanning such data, prima facie it seems that barring a few cases, it is difficult to infer that there has been a procedural breakdown or the PUCL guidelines were flagrantly violated.
"Further, in the absence of independent corroboration or affidavits from affected persons, the assertions remain more or less speculative," it said.
The petitioner has challenged a January 2023 order of the Gauhati High Court, which dismissed a PIL over the encounters by Assam Police.
In its order, the high court referred to an affidavit of the Assam government stating that 171 incidents took place between May 2021 and August 2022 in which 56 people died, including four in custody, and 145 were injured.