Supreme Court Focuses on PUCL Guidelines in Assam Encounter Cases

The Supreme Court has clarified that its primary focus in the alleged “fake” encounter cases in Assam will be on whether the guidelines established in PUCL v. State of Maharashtra were adhered to. Justice Surya Kant stated, “We are not going to form any opinion on merits… The only limited issue is compliance with PUCL guidelines, that’s all” .

The court is hearing a special leave petition filed against a Gauhati High Court order that dismissed a PIL seeking an independent probe into the alleged encounters. Advocate Prashant Bhushan, appearing for the petitioner, highlighted that approximately 171 cases of alleged fake encounters had been reported in Assam in recent years, with severe non-compliance with PUCL guidelines.

The guidelines mandate Independent Investigation by the CID or a police team from another station, under the supervision of a senior officer, and Mandatory Magisterial Inquiryunder Section 176 of the CrPC in all cases of police firing resulting in death.

Bhushan described the encounters in Assam as a “menace,” alleging that FIRs were often registered against victims rather than investigating the police personnel involved. The Supreme Court is expected to deliberate further on whether Assam authorities have complied with its guidelines before deciding on any further action in the case.

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