AIROnline 2025 SC 442

Supreme Court Of India

(From : AIROnline 2023 GAU 41)

Hon'ble Judge(s): Surya Kant, Nongmeikapam Kotiswar Singh , JJ

(A) Constitution of India , Art.226, Art.21— Public interest litigation - Alleged fake encounters by police - Appellant tried to highlight alleged procedural violations in police encounter cases, by relying solely on State-provided data without furnishing any independent or verifiable evidence - Many of claims of appellant regarding non-compliance with Supreme Court guidelines were either factually incorrect or speculative, lacking corroboration or affidavits from victims or their families - FIRs had been registered in all cited instances - Records of magisterial inquiries and forensic reports were available in several cases, though same were not conclusive - Though no mala fides or institutional bias could be established, partial and inconsistent adherence to mandatory procedural safeguards provided by Supreme Court required deeper scrutiny - Procedural safeguards must be meaningfully enforced and not followed merely in form - A fair, independent and impartial inquiry was necessary to maintain public trust in rule of law - Matter was remitted to State Human Rights Commission for independent inquiry. AIROnline 2023 GAU 41-Reversed2015 Cri LJ 610 (SC)-Followed (Para 32 33 34 35 36 37 38 55) ....