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Arif Md. Yeasin Jwadder v. State of Assam and Ors.

Criminal Appeal · 2025 INSC 785Decided 28 May 2025
Crl.A. No.-002867-002867 - 2025 (arising out of SLP (Crl.) No. 7929 OF 2023)
Justice Surya Kant

Background

An advocate from Assam filed a PIL alleging that 171 police "encounters" occurred in the state between May 2021 and August 2022, resulting in 56 deaths and 145 injuries, and that the mandatory safeguards laid down by the Supreme Court in PUCL v. State of Maharashtra (independent investigation, magisterial inquiry, forensic analysis, etc.) were not being followed. The Gauhati High Court dismissed the PIL as premature and based on vague assertions, while directing that the appellant be given access to case documents.

Decision Breakdown

The Supreme Court found that while the appellant could not conclusively prove a complete breakdown of the PUCL safeguards, the record did show gaps - inconsistent magisterial inquiries and belated consideration of forensic/ballistic reports - that warranted independent verification. Rather than issuing broad directions itself, since these were fact-specific matters affecting identifiable individuals, the Court set aside the High Court's judgment and revived proceedings before the Assam Human Rights Commission (AHRC), directing it to conduct an independent inquiry, issue public notices inviting victims and families to come forward, maintain confidentiality akin to witness protection, and ensure free legal aid through the Assam State Legal Services Authority.

Lesson Learnt

Citizens and advocates can invoke the Supreme Court's public interest jurisdiction on behalf of vulnerable victims who may be too afraid or unaware to seek redress themselves, but the Court will ensure that human rights institutions like the AHRC directly involve the actual victims and their families rather than deciding such matters solely on the word of a third-party petitioner.

Official source (sci.gov.in)View Judgment (PDF)

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