SC Orders Assam Human Rights Commission To Probe Alleged Fake Encounters In State

The Supreme Court on Wednesday (28 May) directed the Assam Human Rights Commission (AHRC) to conduct an inquiry into the allegations of fake encounters by police, after a petitioner highlighted 171 such cases in the state, the Indian Express reported.

A bench of Justices Surya Kant and N K Singh, while hearing a Public Interest Litigation, observed that after closely examining the data submitted by the petitioner, most cases did not clearly indicate any major procedural lapses or serious violations of the PUCL guidelines, except for a few.

Accordingly, the court set aside the 12 January 2022, order of the AHRC that had disposed of the matter and instructed the Commission to reopen and investigate the allegations “independent and expeditiously in accordance with law.

The Supreme Court expressed confidence in the current leadership of the AHRC, noting that it is now chaired by a retired High Court Chief Justice. It underscored the importance of human rights commissions in upholding democratic accountability and ensuring that constitutional values are protected, particularly in complex and diverse societies like India.

The bench emphasised that “the domestic human rights architecture in India is supported by a robust statutory framework that complements the constitutional guarantees,” highlighting the Protection of Human Rights Act, 1993, as the foundational legal instrument.

The court warned against issuing sweeping judicial orders without individual scrutiny, stating, “Mere compilation or aggregation of cases does not by itself call for omnibus judicial directions… broad brush directives without individual scrutiny could result in a miscarriage of justice.”