Guwahati: A Supreme Court-ordered investigation into allegations of 171 fake police encounters in Assam has made little apparent progress, with vacancies in the state Human Rights Commission emerging as a major obstacle.

The delay has renewed concerns over accountability within the state police, particularly as fresh incidents involving police shootings continue to attract attention.

The issue has returned to the spotlight following the killing of the principal suspect in the recent murder of five people at a hotel in Guwahati.

The accused was shot dead in a police encounter, prompting renewed scrutiny of the frequency of such incidents in Assam.

Against this backdrop, former Assam Director General of Police and current CRPF chief G P Singh posted a message on social media defending the police approach.

Referring to Newton’s Third Law of Motion, he wrote that the relevance of the ‘third law’ remained undiminished in Assam and urged the state police to continue their approach.

The remark was widely interpreted as an endorsement of the principle that action invites an equal and opposite reaction.

However, questions remain over whether allegations of excessive or unlawful police force are receiving the independent scrutiny required by law.

The Supreme Court had intervened in May 2025 after advocate Arif Jwadder approached it with allegations of widespread fake encounters during the period between May 2021 and August 2022.

His petition documented 171 incidents across Assam, with Kokrajhar district recording the highest number at 18.

The figures presented before the court indicated that 56 people had died and another 145 had sustained injuries in these incidents.

Rather than issuing blanket judicial directions, the Supreme Court assigned the inquiry to the Assam Human Rights Commission (AHRC).

It stressed that those affected by the alleged incidents, along with their relatives, must be allowed to participate meaningfully in the proceedings.

The commission was instructed to invite complaints and supporting evidence through public announcements.

These notices were to appear in at least one national English-language newspaper and a widely circulated Assamese-language publication.

The court also wanted the notices to provide contact information for officials who could help victims and their families obtain free legal assistance.

Petitioner alleges that even basic directions remain unimplemented

More than a year after the Supreme Court’s intervention, the petitioner says the process has barely moved beyond its initial stage.

Jwadder told The Indian Express that information obtained from the commission indicated that only preliminary formalities had been undertaken.

He alleged that the required newspaper announcements had not appeared and that the commission had not proceeded with a substantive investigation into the cases.

He attributed the lack of progress partly to inadequate staffing, saying the institution did not have the personnel necessary to carry out the assignment effectively.

The absence of movement has also raised questions about whether affected families have been informed of the opportunity to approach the commission or seek legal and financial assistance.

A senior official of the Assam State Legal Services Authority reportedly said the organisation had no record of applications from victims or their relatives seeking compensation.

This has added to concerns that the process envisaged by the Supreme Court may not have reached those most directly affected.

Two vacancies weaken human rights watchdog

The AHRC is currently operating without its full complement of members, according to officials familiar with its functioning.

The tenure of its non-judicial member, Santanu Bharali, ended in April, while Commission Chairperson Justice Arup Kumar Goswami completed his term in August.

With both positions vacant, only one of the three designated members remains, leaving the commission without its full bench.

An official familiar with the situation said the vacancies had made it difficult for the institution to take important decisions.

The responsibility for appointing replacements rests with the state government.

A senior government official indicated that steps to fill the vacant positions were underway, but could not provide a definite timeline for completing the appointments.

The prolonged absence of a functioning full bench has raised concerns about the commission’s ability to discharge its statutory responsibilities, including the sensitive task assigned to it by the Supreme Court.

Chief Minister defends police firing in certain circumstances

Chief Minister Himanta Biswa Sarma has consistently defended the Assam Police’s use of firearms in situations involving alleged criminals attempting to escape or overpower officers.

Responding to questions about the rise in police firing incidents in 2021, Sarma argued that the use of force should be treated as a recurring response when suspects attempt to flee after seizing police weapons.

Speaking at a conference titled ‘Redefining Policing Standards in Assam’, he maintained that officers could not remain passive if an accused person snatched a weapon and tried to escape.

He also referred to cases involving rape suspects while explaining his position on police action.

The Chief Minister’s remarks have remained part of the wider debate over the limits of police powers, the protection of human rights and the need for accountability when suspects are injured or killed during police operations.

With the human rights commission struggling to function at full strength and the Supreme Court’s directions still facing questions over implementation, the controversy has acquired an additional dimension.

The immediate challenge is to ensure that the allegations are examined independently, affected families are given access to justice, and the circumstances surrounding every disputed encounter are properly established.