Assam: Students’ body moves NHRC over ‘police action’ in Baksa

STAFF REPORTER

Guwahati: In a development that has added a new dimension to the ongoing outrage following the death of singer Zubeen Garg, the Indian Students Organization (ISO) has filed a formal human rights petition against Additional Superintendent of Police (Crime), Baksa, Gitartha Dev Sarma, accusing him of excessive and premature use of force during the October 15 protest outside Baksa District Jail.

The petition, addressed to the National Human Rights Commission (NHRC) and routed through the Assam Human Rights Commission (AHRC), alleged that the officer ordered a lathi charge, followed by tear gas shelling and blank firing, to disperse a crowd of protesters demanding justice in Garg’s alleged custodial death case. The ISO claimed that the action left several protesters, journalists, and police personnel injured, terming it a “grave violation of human rights and police protocol.”

According to the petition, the protest had erupted after the transfer of five individuals accused in connection with Garg’s death. The organization argued that the police response was “disproportionate and unconstitutional”, undermining the citizens’ rights to peaceful assembly. Allegations of Rights Violations The ISO’s complaint lists multiple grounds, including: (i) Violation of Article 21 of the Constitution, which guarantees the right to life and personal liberty. (ii) Failure to follow police guidelines under the Model Police Act, 2007, and rulings such as D.K. Basu vs. State of West Bengal, which mandate a step-by-step approach to crowd control. (iii) Suppression of democratic rights under Article 19(1)(b), protecting peaceful assembly and expression. (iv) Erosion of public trust in law enforcement due to disproportionate force and lack of accountability.  “The premature use of lathi charge, a measure of last resort, constitutes cruel and degrading treatment and reflects a failure to adhere to police protocols,” the petition stated. Demands for Immediate Action The students’ body has urged the NHRC and AHRC to conduct an independent, time-bound inquiry into the incident and identify those responsible. (ii) Suspend and initiate disciplinary action against the officer pending investigation. (iii) Provide medical treatment and compensation for all injured protesters and journalists. (iv) Implement mandatory human rights training for Assam Police personnel to ensure compliance with ethical crowd-control standards.

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