AIROnline 2025 SC 442

(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

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