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Supreme Court of India 2025-05-28 allowed

Arif Md. Yeasin Jwadder vs State of Assam and Ors

Bench: 2 — Surya Kant, Nongmeikapam Kotiswar Singh

In Brief

This case addressed allegations of 171 police encounters in Assam between May 2021 and August 2022, resulting in 56 deaths and 145 injuries, where concerns arose regarding compliance with Supreme Court guidelines laid down in PUCL v. Maharashtra. The Appellant sought independent investigation into alleged fake encounters and violations of procedural safeguards. While the High Court dismissed the petition as premature and lacking substantiation, the Supreme Court held that the gravity of Article 21 rights violations warranted independent fact-finding. The Court directed the Assam Human Rights Commission, rather than the State Police, to conduct an impartial inquiry, with victim participation and legal aid access, striking a balance between accountability and fairness to victims and law enforcement.

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Constitutional Law Extrajudicial Killings Police Encounters Fundamental Rights Human Rights Procedural Safeguards Public Interest Litigation Criminal Procedure Institutional Accountability Due Process

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