Kolkata, Oct. 27 -- Twin police encounters reported in Gaighata and Samserganj of Bengal have brought into focus Supreme Court rulings stressing accountability in cases involving alleged extrajudicial killings and the role of human rights commissions in protecting fundamental rights.
In Arif Md Yeasin Jwadder v State of Assam (2025), the Supreme Court had cautioned against glorifying police encounters as symbols of effective policing, reiterating that excessive or unlawful force cannot be justified solely on grounds of expediency or public safety.
The court had described the National Human Rights Commission (NHRC) and State Human Rights Commissions (SHRCs) as independent watchdogs safeguarding human dignity, liberty and constitutional rights, particularly those of vulnerable and marginalised people.
The court said the Protection of Human Rights Act, 1993, empowers these bodies to conduct inquiries, summon witnesses, requisition public records and initiate proceedings on their own motion or on complaints. Their role extends beyond responding to grievances to promoting accountability, transparency and systemic reform.
In the 2025 judgment, the court stressed that human rights commissions must act proactively and respond with urgency proportionate to the gravity of allegations.
Referring to its 2016 judgment in Extra Judicial Execution Victim Families Association v Union of India, the court described human rights commissions as the "protector, advisor, monitor and educator of human rights". It said they must be strengthened and responsive, actively protecting fundamental freedoms rather than remaining passive observers.
The 2016 case concerned allegations of extrajudicial killings in Manipur by police and security forces. The Supreme Court emphasised the need to establish the truth about disputed encounters and held that allegations of excessive or retaliatory force resulting in death must be thoroughly investigated. Criminal proceedings could follow where an offence had been committed, subject to prescribed legal procedure.
Published by HT Digital Content Services with permission from Millennium Post.