Guwahati, Feb. 8 (PTI): The Assam government has filed a detailed affidavit on the police encounters before the Gauhati High Court as sought by it last month.
The high court on Tuesday deferred the hearing of a public interest litigation (PIL) related to the incidents till February 10.
Hearing the PIL, a division bench comprising Chief Justice Sudhanshu Dhulia and Justice Soumitra Saikia had on January 11 asked the state government to file the affidavit on the police encounters that have been taking place since the BJP returned to power in May last year.
"The Assam government filed the affidavit yesterday as sought by the high court. The court has now decided to hear the case on Thursday," state Advocate General Devajit Lon Saikia told PTI.
The Assam government had on January 25 failed to submit the affidavit and the court, giving it more time, deferred hearing of the case till Tuesday.
Besides the Assam government, state police DGP, law and justice department, National Human Rights Commission and Assam Human Rights Commission have been named as respondents in the PIL filed by advocate Arif Md Yeasin Jwadder.
The petitioner sought an enquiry into the encounters by an independent agency such as CBI, SIT or any police team from other states under the supervision of the court.
He has also sought a judicial enquiry by a sitting Judge of the Gauhati High Court in the incidents and monetary compensation to the victims' families after due verification.
Jwadder claimed in the PIL that more than 80 fake encounters between Assam Police and alleged accused have taken place since May last year, when Chief Minister Himanta Biswa Sarma took charge, resulting in 28 deaths and more than 48 injuries.
The people killed or injured were not dreaded criminals and the modus operandi of the police had been the same in all the encounters, the PIL claimed.
The petitioner doubted the police statement published in newspapers which said that the force had to retaliate in self-defence as the accused had tried to snatch service revolvers of the personnel.
According to the petitioner, the injured or dead persons were not militants, and it cannot be the case that all the accused could snatch a service revolver from a trained police officer.
Earlier, Jwadder had filed a complaint about the alleged fake encounters with the National Human Rights Commission in July last year.
The NHRC in November 2021 transferred the case to the Assam Human Rights Commission which had also taken suo motu action on the alleged fake encounters and asked for a report from the state government.
A journalist was allegedly assaulted by two policemen in Assam's Chirang district after he questioned them for riding a two-wheeler without wearing a helmet.
As the video of the incident that happened in Basugaon town on Monday went viral, leading to a massive outrage, the Assam Police expressed regret over the "altercation" and said "appropriate action" was being taken against the two policemen.
Jayanta Debnath, the journalist who works for a local news organisation, is at present undergoing treatment at a hospital in Bongaigaon.
"I had spotted the two policemen on a two-wheeler without helmet and just asked them how can they expect the public to obey traffic rules when they themselves are not following it," Debnath told PTI from the hospital bed.
"They started hurling abuses at me, which made me stop my scooter and question them why they were behaving in such a manner. Suddenly, they started hitting me and they didn't stop even when I repeatedly told them that I am a journalist," he added.
Debnath, who is also the general secretary of the Chirang District Press Club, claimed that some other policemen took him to the Basugaon police station in a vehicle, where the officer-in-charge did not pay any attention to him even as the policemen he had confronted on the road continued to abuse and threaten him.
"I finally left the police station and went to a local hospital. As my injuries were severe and the pain was increasing, I got myself admitted at a hospital in Bongaigaon," Debnath said.
"This police action on me is a reflection of the power given by the chief minister to them, he maintained.
Special DGP (Law and Order) GP Singh expressed regret over the incident and said action has been initiated.
"Reference altercation between a journalist and policemen at Basugaon, Chirang, SP @chirangpolice (Chirang Police) has been directed to take appropriate action against erring policemen. The incident is regretted and @assampolice (Assam Police) personnel are being adequately sensitized," Singh tweeted late on Monday evening.
He added that all police personnel have been directed to follow road safety norms while on duty or otherwise.
The Chirang Police registered an FIR based on Debnath's complaint and "reserved closed" the two policemen accused of assaulting him.
Congress leader Debabrata Saikia alleged that the government was not taking any steps against such happenings.
"There has been an increase in police highhandedness ever since the BJP government under Himanta Biswa Sarma came to power," he said.
"He (Sarma) has asked police to make encounters and firings a pattern, and since then, there have been more than 70 such cases in the last seven-eight months," the Leader of Opposition in the state assembly said.
Saikia was referring to the deaths of 33 people and injuries to at least 72 others in police action while allegedly trying to flee from custody or attacking the personnel since the BJP government, led by Chief Minister Himanta Biswa Sarma, assumed office in May 2021.
Journalists staged demonstration outside the Gauhati Press Club on Tuesday, condemning the incident and demanding justice for the victim.
Similar protests were also organised by journalists in Chirang, Udalguri and Nagaon, among other places.
The Journalists Union of Assam and Journalists' Association of Assam, in separate statements, condemned the incident and urged the government to ensure the security of journalists in the state.