Assam police on an encounter spree, emulating UP to reduce crimes

Two encounters were recently conducted by the Assam Police in less than 24 hours, both of which saw separate rape accused trying to escape the cops. These come at a time when the BJP-led Assam government faces questions from the National Human Rights Commission for alleged fake encounters.

Guwahati: Taking a leaf out of their counterparts in Uttar Pradesh, the Assam police are seemingly on an encounter spree to contain crimes. On Wednesday, Assam recorded two encounter killings in less than 24 hours where two rape accused were killed in two separate incidents. Police claimed that both tried to flee, forcing them to fire, leading to the death of the two accused.

The first encounter took place in Guwahati on the night of Tuesday when the key accused of Garigaon gang rape was shot dead by police. Police claimed that Biki Ali tried to snatch the service revolver of an officer and fired two rounds at the cops while trying to escape. The police had to fire in self defence, leading to the death of the accused.

Ali, who was accused of gang-raping a minor girl, was hiding since the girl reported the case earlier this month. On Tuesday, police arrested him from a forest in Dampur and brought him for questioning. Four other accomplices of Ali are still on the run.

Meanwhile, the second encounter took place at Lalpani area of Udalguri district in Assam where one Rajesh Munda, accused of raping and murdering a minor girl, was killed. On Tuesday, Lalpani police arrested Rajesh from an iron factory in Changsari of Kamrup rural district. At night police brought him to the crime spot for further investigation. Police claimed that they had to resort to firing as Rajesh tried to escape.

Preliminary investigation of the bodies by the medics and post mortem revealed that both the accused were shot on their upper bodies.

The two encounters come at a time when the BJP-led government in Assam has been questioned by National Human Rights Commission over alleged fake encounters. NHRC chairman Justice Arun Mishra during his visit to Assam last month termed the cases of fake encounters as "barbaric" and said that there is no place for fake encounters in any civilized society.

"There is no room for instant justice and law must take its own course. Anyone found guilty must be tried in the court and punished in accordance with the law," Justice Mishra had stated.

Retired judge, Justice Biplab Kumar Sarma while reacting to the issue only said that there are provisions in the law when police can fire upon an accused in custody when he behaves in a hostile manner or tries to escape. "However, in these cases police are normally seen firing at the legs of the accused who tried to flee," said Justice Sharma. He, however, refused to make a general comment as he had not studied any particular case of the recent encounters.

In January this year, the Guwahati High court had sought a detailed report from the Assam government regarding the alleged fake encounters in Assam that have taken place since May 2021. The development took place after a Delhi-based advocate, Arif Jwadder, in a Public Interest Litigation (PIL) had mentioned that 80 such incidents of fake encounters had taken place in Assam since May 2021 and it had resulted in 28 deaths and left 48 injured.

Jwadder, who hails from Assam and practices law in Delhi, had sought an order from the High Court for the registration of an FIR in the alleged fake encounter cases and an independent investigation by the Central Bureau of Investigation (CBI), a Special Investigation Team (SIT) or a police team from another state, under the supervision of the Court. He also sought a judicial inquiry by a sitting Judge of the Gauhati High Court into the alleged encounters and monetary compensation to the families of the victims after due verification.