Zubeen''s death: Assam Cong leader files complaint with NHRC over violence outside Baksa jail

Guwahati, Oct 16 (PTI) Senior Congress leader Debabrata Saikia on Thursday filed a complaint with the NHRC against the Assam government over the law and order situation outside a jail in Baksa district, following violence in the locality after those arrested in Zubeen Garg's death case were taken there.

The Assam Police on Wednesday baton-charged and fired tear gas shells to disperse a mob that set ablaze some vehicles and hurled stones at the convoy carrying the five people, arrested in Garg's death case, as they were being brought to Baksa District Jail.

The incident raises serious concerns over "violation" of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 and human rights, as several civilians and journalists were injured, but "no magisterial or judicial inquiry has been announced by the state government", Saikia, the leader of opposition in the Assam assembly, said in a complaint to the National Human Rights Commission.

The protest was part of the 'Justice for Zubeen Garg' movement, and "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'', he claimed.

The use of armed forces (Section 149) requires a magistrate's order, while Section 150 allows emergency action only under manifest public danger, he pointed out.

Each act must be "documented, and prior public warning is mandatory", the Congress MLA said.

"BNSS Section 196 mandates a magisterial inquiry into every death or serious injury during police action. Absence of documentation or videography violates the accountability standards reflected in BNSS Section 105 and NHRC's 2012 & 2016 guidelines," Saikia said.

"The grounds for inquiry are required to ascertain whether the state administration evaluated the ongoing situation and issued directives for effective measures in anticipation of any untoward situation to the district admins, absence of public warning via loudspeaker prior to use of force, lack of magistrate's written order authoriSing firing, use of live rounds without exhausting non-lethal measures and no magisterial inquiry announced as required under BNSS Section 196," Saikia said in his complaint.

The NHRC has received the complaint and has assigned a diary number to the complaint. PTI DG DG BDC