Debabrata Saikia moves NHRC over Baksa violence, alleges violation of BNSS provisions
The NHRC has acknowledged receiving the complaint and has assigned it a diary number.
A file image of Debabrata Saikia
Guwahati, Oct 17: Leader of the Opposition in the Assam Legislative Assembly Debabrata Saikia has filed a complaint with the National Human Rights Commission (NHRC) regarding Wednesday’s violent incident near the Baksa district jail in Mushalpur.
The NHRC has acknowledged receiving the complaint and has assigned it a diary number.
“The protest was part of the emotional ‘Justice for Zubeen Garg’ movement. According to multiple credible reports, the police resorted to lathi-charge, tear gas shelling, and even live firing on protestors, reportedly without prior public warning. Several civilians and journalists were injured. No magisterial or judicial inquiry has been announced by the State Government. This incident raises serious concerns of violation of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, and human rights norms: 1. BNSS Section 148-151: Authorize dispersal of unlawful assemblies only after lawful command and with minimum necessary force,” Saikia stated in his complaint.
He stated that the use of armed forces (under Section 149) requires Magistrate’s order and Section 150 allows emergency action only under manifest public danger.
“Each act must be documented, and prior public warning is mandatory. 2. BNSS Section 163: Governs prohibitory orders (replacing CrPC Section 144) requiring necessity, proportionality, and transparency. 3. BNSS Section 196: Mandates a magisterial inquiry into every death or serious injury during police action. 4. Absence of documentation or videography violates the accountability standards reflected in BNSS Section 105 and NHRC’s 2012 and 2016 guidelines,” Saikia stated.
He said that there are various red flags and grounds for enquiry: 1) whether the State administration evaluated the ongoing situation and issued directives for effective measures in anticipation of any untoward situation to the district administration; 2) absence of public warning via loudspeaker prior to use of force; 3) lack of magistrate’s written order authorizing firing; 4) use of live rounds without exhausting non-lethal measures; 5) injuries to journalists and civilians; 6) no magisterial inquiry announced as required under BNSS Section 196,” Saikia stated in his complaint.
By
Staff Reporter