Advocates Are Officers Of the Court
Thus have right to file Writ, complaint, Application etc. before any court, forms, public servants etc.
The petitioner, an advocate, challenged a High Court order dismissing his Public Interest Litigation (PIL) seeking an independent probe into alleged fake police encounters in Assam. The petition claimed over 80 fake encounters since May 2021, citing non-compliance with PUCL guidelines, including failure to register FIRs against police personnel and inadequate investigations.
Specific cases, such as the Tinsukia encounter, were highlighted, alleging procedural irregularities and police coercion. The Supreme Court directed the Assam Human Rights Commission (AHRC) to conduct an independent, expeditious inquiry into allegations of 171 fake encounters, ensuring victim participation and confidentiality. The petition alleged widespread violation of guidelines laid down in People’s Union for Civil Liberties & Anr. v. State of Maharashtra & Ors., (2014) 10 SCC 635, regarding police encounter investigations.
The Court underscored the role of human rights commissions in safeguarding civil liberties and the rule of law, noting that proven fake encounters violate Article 21 of the Constitution. While each of the 171 cases requires objective scrutiny, blanket directions based solely on compiled allegations were deemed unwarranted. The AHRC was granted authority to initiate further investigations, with state cooperation mandated and institutional barriers to be removed. The Assam State Legal Services Authority was directed to provide legal aid to victims, and measures were ordered to protect the identities of victims, families, and witnesses. The Court dismissed concerns raised by the
Solicitor General about potential misuse of legal assistance, affirming confidence in the judicial system. The petitioner’s locus standi was upheld, recognizing the role of individuals in exposing alleged state excesses. While most cases did not prima facie indicate flagrant violations of PUCL guidelines, some warranted further scrutiny. The Court clarified that PUCL guidelines mandate investigation of the encounter incident, not necessarily the police officers involved.
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