ARIF MD. YEASIN JWADDER Vs. STATE OF ASSAM

JUDGEMENT

(1.) Leave granted.

(2.) The instant matter arises from a series of encounters reported in the State of Assam (Respondent No. 1), the authenticity of which has been called into question on various counts. At the heart of these proceedings lie concerns that straddle the delicate boundary between the imperatives of law enforcement and the inviolable guarantees of life and personal liberty enshrined in our Constitution.

(3.) This appeal is directed against the judgment dtd. 27/1/2023 (Impugned Judgment), whereby the High Court of Gauhati (High Court) dismissed PIL No. 86/2021, inter alia seeking: (i) records of all alleged fake encounters in the State of Assam, (ii) registration of FIR against the erring police officials and (iii) independent investigation against such officials in compliance with the guidelines laid down by this Court in People's Union for Civil Liberties & Anr. v. State of Maharashtra & Ors.(People's Union for Civil Liberties & Anr. v. State of Maharashtra & Ors, (2014) 10 SCC 635.) The petition was dismissed by the High Court, holding that the PIL was premature and the documents placed on record only made out vague assertions. Nevertheless, the High Court directed that the Appellant shall be provided all legally permissible documents in connection with all such cases, if so applied.