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A petition filed in the Gauhati High Court has sought an independent probe by either the Central Bureau of Investigation, Special Investigation Team, or Police from another state to investigate the alleged 80 fake encounters occurring in the State of Assam.

The plea by Advocate Arif Jwadder has alleged that more than 80 fake encounters between the Assam Police and the alleged accused took place from May 2021 till date resulting in 28 deaths and more than 48 injured. 

It states that the modus operandi of police has been the same in all the encounters. According to the police statement as published in all newspapers it is stated that the alleged accused tried to snatch service revolvers of the police personnel and in self-defense, police had to retaliate and kill or injure the alleged accused.

However, "All the injured or dead persons were not militants and hence not trained to use pistols and it is very unlikely that they could use the service revolvers after snatching against the police force that were outnumbered and heavily armed," the plea added.

It is also submitted that Jwadder had earlier filed a complaint before the National Human Rights Commission which was widely reported by news agencies, immediately after which the AHRC took suo-moto cognizance over the issue and asked the Assam Government to file a report in this regard.

In addition to which the plea has alleged, "It appears that the State Commission took the suo motu cognizance of the matter to bar the NHRC of its jurisdiction under Section 36(1) of the 1993 even though the matter was already pending before the NHRC."

It has sought monetary compensation for the families of victims, direction to the Assam government to specify a Human Rights Court in every district along with a judicial inquiry on the sitting judges of the High Court.

Case Title: Arif Md Yeasin Jwadder Vs. State of Assam and Ors.