In December last year, a PIL was filed in Gauhati High Court alleging a fake encounter or extrajudicial killing in Assam. The government in its latest updated affidavit stated 171 incidents of police firings and four custodial deaths.
Petitioner Arif Jwadder had sought issue an appropriate Writ or Order or Direction calling for records pertaining to fake encounters unleashed by Assam Police and order for registration of First Information Report (FIRs) for an offense under Section 302 IPC, and other enabling sections and order and direct an independent investigation against the concerned police personnel by an independent agency like the Central Bureau of Investigation (CBI), Special Investigation Team (SIT) to be formed by this Court or any other police team from other State under the supervision of this High Court and get the concerned police personnel involved in the fake encounters brought to justice.
However, the petitioner argued before the court that independent investigations had not been done. He further stated that only magisterial enquiries were done in 92 incidents, FSL tests were done in 48 incidents and ballistic tests were done in 40 incidents. Petitioner claimed without complete FSL and Ballistic how could independent investigation be done.
The next date for hearing has been fixed for 8 December. The petitioner stated that the government in its latest affidavit stated 171 number of police firings and four custodial deaths happened totalling 175 incidents but independent investigation has not been done as mandated under PUCL judgement. The petitioner argued that ballistic and forensics tests were not done.
The Gauhati High Court on 29th July, 2022 directed the Assam Government to submit a detailed and updated investigation report for every encounter case within six weeks