GUWAHATI: The image of Assam’s BJP-led government was dented after the recent rap by the Supreme Court on the alarming number of police encounters in the state. A whopping 171 cases were recorded in the first 15 months in which 56 people, including alleged militants, were killed and 139 others were wounded. A number of the cases involved individuals from a certain community.
It all began after Himanta Biswa Sarma took up the chief minister’s mantle on May 10, 2021. People noticed a pattern when detenus—murder, rape accused, alleged drug dealers, cattle smugglers, etc.—were increasingly shot at on their legs and injured by the police. The police explanation invariably was that they had to open fire as the persons were attempting to flee, sometimes after snatching guns of the personnel.
Political furore
The increasing number of incidents had whipped up a political furore with the Congress alleging that the police turned “trigger-happy” under the Sarma-led government. The party feared that Assam would soon turn into a police state. Other opposition parties viewed the incidents as “open killings”, alleging that petty criminals were “silenced” to protect their bosses running illegal syndicates. Almost all opposition parties questioned how these detenus could snatch rifles from trained police personnel.
In July 2021, Sarma justified the series of encounters. He had stated that shooting at criminals “should be the pattern” if they attempt to escape from custody or try to snatch guns from the police to fire at them. He also stated that the attacks on police personnel would be retaliated, adding “extreme steps” as per the law would be taken to stop such criminals.
Speaking in the Assembly, the CM had appealed to all legislators to send a message that the House is against any form of crime. He congratulated the Assam police force but asked it to not torture innocent people. “You have full operational liberty as long as you fight the criminals as per the law,” he had stated.
Controversial incidents
Last July, three alleged tribal Hmar militants were killed, a day after they were arrested by the Cachar district police. The police said they were hit by bullets in crossfire during an operation against other militants and died. Their families did not believe the police version and moved the Gauhati High Court. The autopsy reports indicated the persons suffered antemortem bruises and other wounds.
In August this year, a Muslim man, accused of raping a minor Hindu girl, died in police custody. The police said they had taken him to the scene of the crime, but he attempted to flee by jumping into a pond and drowned. The deceased was cuffed at the time of the incident.
Lower court’s body cam plea
While hearing a case pertaining to alleged assault on a woman constable by Gujarat MLA Jignesh Mevani, the Barpeta District and Sessions Judge had in April 2022 made some suggestions to the Gauhati High Court.
He submitted that the court can consider directing police personnel to wear body cameras while on duty and get the incidents of police encounters probed by filing a public interest litigation (PIL) suo motu. The high court, however, snubbed the District and Sessions Judge, saying he had no jurisdiction to make such remarks and observations.
Legal battle
On July 10, 2021, lawyer Arif Jwadder lodged a complaint with the National Human Rights Commission (NHRC) alleging that the Assam police were indulging in “fake encounters” since the installation of the Sarma-led government and sought a probe into the incidents. He alleged the police were “on an encounter spree” where alleged small-time criminals were being shot and the reason cited was that they had tried to flee police custody after snatching the service pistols of the personnel.
“…More than 20 such encounters took place and most of the persons at the receiving end were alleged drug and cattle dealers. In some of the cases, the alleged criminals died on the spot,” Jwadder had written in his complaint.
Listing 10 cases, he stated that the police were “staging fake encounters with impunity” following the chief minister’s statement that “policemen should shoot at the legs of criminals as permitted by law.” The lawyer refused to believe the alleged petty criminals could snatch a pistol from a trained police officer.
“It cannot also be believed that an army of policemen couldn’t stop the alleged criminals from fleeing custody,” he said, adding the police were denying the right of a fair trial to the alleged criminals.
The lawyer told this newspaper he had learnt from media reports on July 11, 2021 that the Assam Human Rights Commission (AHRC) took suo motu cognisance of the incidents on July 7. “By backdating its cognisance, the AHRC stopped the NHRC from taking cognisance of my complaint, as only one commission can take cognisance,” alleged Jwadder.
He said a subsequent RTI reply revealed the AHRC sent a notice to the state government on July 12, directing it to submit an inquiry report on the incidents.
“In due course, the government submitted the reports of magisterial inquiries into 16 cases, first to the AHRC and then to the Gauhati High Court through an affidavit. I highlighted the loopholes before the court, but it did not take any cognisance,” Jwadder said.
He had filed a PIL in the high court on December 24, 2021, and during a hearing on January 3, 2022, the court asked the government to file an affidavit and issued a notice on February 25.
On September 29, the government filed an affidavit in the court stating that 171 incidents had taken place from May 2021 till August 2022 in which 56 people died and 139 were injured.
Jwadder said on January 7 the same year, the AHRC closed its suo motu petition, citing that the matter was sub-judice. “The question is, till that time, the court did not even issue any notice,” he said.
High court’s take
In an order issued on January 2023, the court said, “The basic allegation in this PIL is pertaining to the ‘fake encounters’ carried out by the police. The State has not denied the incidents but have taken a pleaded stand that all incidents of police encounters/police action are being enquired into. The petitioner has also not disputed the fact that enquiries have been conducted into the cases of police action/encounters but according to him, the enquiry conducted by the State was not as per law and by following the guidelines laid down in the case of PUCL (People’s Union for Civil Liberties) and State of Maharashtra and others. However, there is nothing on record to substantiate the said assertion.”
“…we are not inclined to entertain this PIL on the basis of the materials placed before us. It is, however, provided that the respondents shall provide all legally permissible documents to the Writ Petitioner, including copies of FIRs/Final Report in connection with all the 171 cases of Police action, if the same is applied for by following the procedure prescribed by law,” the court further stated in its order. After the court closed the PIL, Jwadder moved the Supreme Court on April 27, 2023.
Supreme Court’s order
A two-judge bench, comprising justices Surya Kant and Ujjal Bhuyan ,who is from Assam, recently sought detailed information from Assam government on the investigations conducted into these encounters.
The court described the matter as “very serious” and observed that such petitions, challenging the police encounters, cannot be brushed aside as “premature”. “It is a very, very serious issue. 171 incidents are alarming,” the court said.
Factoids
171: Total number of incidents brought under court’s attention by the Assam government. They occurred between May 2021 and August 2022
Casualties - 56 killed, 139 injured
Persons hit by bullets were mostly rape and murder accused, alleged drug and cattle dealers, etc
Details about total number of cases post-August 2022 are not available
After detenues were increasingly shot at their legs for attempting to flee, people questioned the abilities of police personnel
State’s crime rate per 1 lakh population dropped to 183.1 in 2023 from 387.5 in 2019. It was a 52% decrease
Major encounters from May 2021 to August 2022
July 8, 2021: Dibrugarh cattle smuggler Mohammad Akhtar Raja Khan, alias Tiklu Khan, injured in firing while trying to flee from custody
July 3, 2021: Two arrested persons, Abul Hussain Barbhuiya alias Abu, 26, and Kamrul Islam alias Lakoi, 35, killed in police firing while allegedly trying to flee
July 7, 2021: Akhtar Raja Khan, arrested for cattle theft, shot in the leg while trying to escape
July 9, 2021: Tapan Buragohain, 26. Shot in the leg while trying to flee from police custody. Suspect in ONGC abductions
July 9, 2021: Jeharul Islam, 30. Known trafficker. Police shot him in the leg for bid to escape
July 11, 2021: Joynal Abedin, 47. Killed in police firing. Was accused of dacoity and armed robbery
July 15, 2021: Asadul Islam, undertrial in a drug peddling case, shot dead in a police encounter
July 22, 2021: Babul Deka, ULFA (I) linkman, injured in police firing
July 25, 2021: Kawsar Ahmed, a drug peddler, injured in police firing
August 22, 2021: 3 armed dacoits killed in police firing
October 18, 2021: Drug peddler Rahul Prasad grievously injured when police opened fire when he tried to escape
September 19, 2021: Fleeing robber injured in police firing, drug peddlers escape after being shot at
September 23, 2021: Arrested child killer shot in the foot by the police while trying to escape
November 21, 2021: Three accused injured in police firing in three different places while attempting to escape custody
January 15, 2022: Suspected ATM thief Mussadik Hussain injured in police firing
January 25, 2022: Suspected drug peddler shot in the foot by the police
January 22, 2022: A leader of the All Assam Students’ Union shot in the foot by police in Nagaon district
January 29, 2022: Fleeing criminal Sariful Hussain, alias Moina Miya, shot in the foot by the police in Karimganj
February 17, 2022: Suspected marijuana smuggler injured in police firing in Kokrajhar
March 11, 2022: Two drug peddlers injured in police firing in Lakhimpur
March 17, 2022: Two alleged rapists killed in separate police encounters while trying to escape from custody
March 16, 2022: Biki Ali, prime accused in a rape case, shot dead by police
March 22, 2022: Accused Harindra Ram shot in the left leg by police
March 26, 2022: Criminal Kamal Gogoi alias Pappu, suffers bullet wound in his left leg in police firing while escaping custody
April 8, 2022: Drug peddling accused Jeherul Islam injured in police firing in Morigaon
April 21, 2022: Man arrested in rape case takes a bullet in his leg in police firing while trying to escape