Activist demands compensation for victims after identifying fake encounters (Photo for representative)
A total of 51 persons have been killed and 139 injured by the Assam police in a number of circumstances since May 2021, the state government has told the Gauhati High Court in response to a plea that demands a probe and compensation for such "encounters" that may be fake.
The Home Department's affidavit was filed on Tuesday following the court's directions on a Public Interest Litigation (PIL) by Delhi-based lawyer-activist Arif Jwadder.
Some of these people were killed in custody, such as those "trying to escape after snatching a policeman's firearm", while several others were shot in the leg, as per the affidavit. The numbers also include accused in some cases dying "after being hit by police vehicles" when going to verify their statement at the crime spot. Advocate General Devajit Saikia appeared for the government.
Mr Jwadder has sought the court's intervention to register a case for "fake encounters" and an inquiry by the Central Bureau of Investigation, or by a special team or police from another state, under the court's supervision. He has demanded monetary compensation for families of victims once fake encounters are identified.
"Above all, this petition raises the issue of violations of the rule of law and equality... Police personnel do not have a licence to kill; the whole idea of the CrPC (Code Of Criminal Procedure) is to apprehend criminals and bring them to justice, not to kill them," the activist has said in his PIL, which will next be heard on July 29.
Mr Jwadder earlier lodged a similar complaint with the National Human Rights Commission (NHRC). He said the commission has asked for an Action Taken Report (ATR) from the state police. "The victims were unarmed and handcuffed at the time of the encounter. Those people who have been killed or injured were not dreaded criminals," he alleged.
Opposition parties, including the Congress, have criticised the BJP government for the "killing and injuring of people through encounters".
Assam Chief Minister Himanta Biswa Sarma, while assuming office on May 10 last year, announced a "crackdown" on militants, drug dealers, smugglers, murderers, cattle lifters and those accused of rape and crime against women.