Assam encounters: State tells Supreme Court that police acting in self-defence justified

The Assam government recently filed an affidavit before the Supreme Court to defend Assam's police personnel against accusations that they engaged in fake encounter killings [Arif Yeasin Jwadder vs State of Assam and ors].

In the last last ten years, only 10 per cent of fleeing criminals have been injured in police action and this was done as a measure of self-defence, the State submitted.

"Over the last 10 years, only 10% of fleeing criminals were injured in Police action and particularly those attempting to disarm officers, as a measure for self-defence, Further, these actions can be legally justified as necessary and proportionate responses to immediate threats," its affidavit said.

It added criminal complaints have been registered in all cases involving allegations of fake encounters and the same are being diligently investigated.

"The investigation in such cases have been conducted by officers of other jurisdictions; that whenever an FIR alleging the commission of any offence is registered, the same is investigated with utmost diligence and sincerity," the State asserted.

The additional affidavit was filed in response to a plea raising concerns over fake encounter killings in Assam and seeking the registration of First Information Reports (FIRs) for the offence of murder against police personnel accused of being involved in such encounter killings.

The petitioner, advocate Arif Yeasin Jwadder, moved the Supreme Court after the Gauhati High Court declined to order an independent probe into police encounter killings in Assam.

The Gauhati High Court had earlier came down heavily on him for allegedly filing his plea based on media reports and ‘vague, omnibus’ assertions, despite being a lawyer.

Jwadder has alleged that over 80 police encounters have taken place since May 2021. 28 people were killed and 48 were injured in these "fake encounters", he said.

Supreme Court had sought the response of Assam government and the National Human Rights Commission (NHRC) in this case in July last year.

On September 9, the Assam government filed the an additional affidavit in the matter through advocate Shuvodeep Roy.

In this affidavit, the State stressed that the Assam police's 'war' on drugs and militancy in the State has been a long and testing one.

Between 1991 and 2024, 412 security personnel from Assam died while fending off threats, while the number of central security personnel stood at around 449, the State submitted.

However, due to the efforts of its security personnel, the overall crime rate in Assam is now down by 22 per cent (in the last 5 years), the affidavit added.

Further, between 2020 and 2024, 3000 members of militant or terrorist groups have surrendered and there are no civilian or casualty deaths of police officers in the last year and eight months, the State added.

"The state's improved security landscape stands as a testament to the effectiveness of the police's actions in restoring law and order and protecting the lives and property of its citizens," the State submitted.

Its affidavit also said that as part of efforts to ensure accountability within its own ranks, several police officers have been arrested when they were found to be involved in activities compromising the integrity of the force or undermining public trust.

18 police officers were arrested on such grounds in 2023 while 6 have been arrested so far in 2024.