GUWAHATI: The Assam government on Friday failed to file an affidavit in the Supreme Court to counter a petitioner’s fake encounter allegations.
Petitioner, Supreme Court lawyer and activist Arif Jawader has alleged that more than 80 people have been killed in fake encounters in Assam since May 20, 2021.
A bench comprising Justice S Ravindra Bhat and Justice Aravind Kumar adjourned the proceedings in the absence of an affidavit from the Assam government.
The court is likely to hear the case in November, but the date could be moved forward if the state government files an affidavit first.
Jawadder had filed a Special Leave Petition (SLP) in the Supreme Court after the Guwahati High Court refused to order an independent probe into the encounter killings in Assam.
In the SLP, Jawadder has sought registration of a First Information Report (FIR) against the policemen for murder in a fake encounter under Section 302 of the Indian Penal Code.
They have also demanded the constitution of human rights courts in Assam as required under Section 30 of the Protection of Human Rights Act.
The petitioner has alleged that over 80 police encounters have taken place since 2021 and 28 people have been killed and 48 injured in “fake encounters”.
Senior advocate and activist Prashant Bhushan appeared for the case on Friday. He argued that the people killed or injured were not dangerous criminals and that police procedures have been the same in all encounters.
Apart from the Assam government, the DGP of Assam and the state law and justice department have been made defendants in the case.
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