The Daily PulseGeneral
Supreme Court Inquiry Into Assam Police Encounters Stalls Due to Vacant Posts
Reported by Harshdeep Singh (Fact-Checker) · Indian Express - India ·
Photo: Wikimedia CommonsA Supreme Court-ordered inquiry into alleged fake encounters by the Assam Police remains stalled because key positions at the Assam Human Rights Commission are vacant. The top court directed the Commission in May 2025 to probe these incidents following a petition by advocate Arif Jwadder.
The Petition Details
The petition filed by Jwadder claimed there were 171 fake police encounters in Assam between May 2021 and August 2022. These incidents resulted in 56 deaths and 145 injuries, with Kokrajhar district recording the highest number at 18. The Supreme Court directed the AHRC to issue public notices in English and vernacular newspapers inviting victims and families to come forward with evidence and access free legal aid.
Vacancies at the Commission
According to officials, public notices have not been published over the past year. The Commission lacks adequate staff and its full bench is currently non-functional with only one of the three designated members remaining. Chairperson Justice Arup Kumar Goswami's tenure ended in August, while non-judicial member Santanu Bharali's term ended in April. A senior government official stated that the process of filling these vacancies is ongoing but gave no clear timeline.
Police and Government Stance
Assam Chief Minister Himanta Biswa Sarma has defended police actions regarding firing incidents involving alleged criminals. Meanwhile, former state DGP and current CRPF Director General G P Singh recently posted a tweet supporting the state police and referencing the third law of motion. Advocate Jwadder stated that the Commission has only taken preliminary steps and is not investigating any further cases.
Context
State human rights commissions investigate complaints of rights violations by public servants and rely on fully functional benches to process petitions and conduct independent inquiries. Judicial bodies often step in to mandate public notices and legal aid when victims face barriers in accessing justice independently.
ExplainerWhy this matters
What Happened
The Supreme Court ordered an inquiry into numerous police encounters in Assam following a public interest petition, but the state human rights body cannot carry out the probe because top positions are currently vacant.
Why It Matters
Human rights investigations provide an independent check on law enforcement agencies. When oversight bodies remain non-functional due to unfilled administrative posts, victims and their families lose a vital legal avenue to seek accountability and justice.
What Happens Next
The Assam state government will need to appoint new members to fill the vacant positions at the Human Rights Commission before the stalled inquiry can officially resume its proceedings and publish the mandated public notices.
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