HC junks PIL on police encounters in Assam, says govt probing cases

Guwahati: The Gauhati High Court on Friday dismissed a PIL on a series of police encounters since Chief Minister Himanta Biswa Sarma assumed power in May 2021, while saying that no separate probe is required as the state government is already conducting separate investigations on each case.

A division bench comprising Justice Suman Shyam and Justice Susmita Phukan Khaund said the petition was filed by advocate Arif Md Yeasin Jwadder “without properly verifying the complete facts”.

Citing a government affidavit in the case, the court said 56 people have died, including four custodial deaths, while 145 others were injured in 171 incidents between May 2021

and August 2022.

“...accordingly, 171 separate FIRs have been registered in connection with the said incidents. It appears that the process of enquiry in connection with all these cases of police action is still in progress.

“What would be significant to note herein is that there has been no attempt on the part of the official respondents either to deny the occurrence or to suppress any fact from this court,” the order said.

Advocate General Devajit Saikia also assured the court that appropriate action will be taken against all guilty persons, including the erring police officials, after the enquiry is over and it cannot be stated that no action has been initiated by the state in these cases of police action.

“... it appears that having read some media reports on police actions leading to death/injury of some accused persons in police custody, the petitioner has rushed to this court by filing the present petition, without properly verifying the complete facts,” the order read.