Assault on food delivery agent: Debabrata Saikia moves AHRC for exemplary punishment of erring police official

Guwahati, Nov 18: Leader of the Opposition in the Assam Legislative Assembly, Debabrata Saikia, has moved the Assam Human Rights Commission (AHRC) seeking exemplary punishment for Inspector Bhargav Borbora, the suspended Officer-in-Charge (OC) of Panbazar police station in connection with the November 15 incident at Fancy Bazar, Guwahati, where Borbora was seen dragging out food delivery agent Gyandeep Hazarika and subjecting him to physical assault and threats with humiliation.

In his letter to AHRC, Saikia emphasized the need for strong action against such misuse of policing powers. He stated, “As the Leader of Opposition, I would request the Commission to set exemplary punishment to such police officials to demonstrate that such overreach of policing power has no place in Assam’s society. The Commission should direct the Assam Police to undertake a deep evaluation, including reviewing the ACR (Annual Confidential Report), before assigning officials to coveted police stations.”

Saikia condemned the incident as a gross abuse of power that has shaken the collective conscience of the people of Assam. He referred to the viral video that showed the OC of Panbazar police station brutally assaulting Hazarika, a resident of Kusumkhula, Jamugurihat, in Sonitpur district, in the middle of the road. The act, described as one of “utmost brutality and humiliation,” sparked widespread outrage.

Saikia noted that the youth, Gyandeep Hazarika, had entered a one-way road—a traffic violation punishable by a fine of up to ₹2,000 under the law. However, Borbora’s response far exceeded the bounds of legal authority.

“The only crime of the youth was that he had entered a one-way road. Yet Borbora not only assaulted the youth but also dragged him to the Panbazar police station, where he was subjected to further physical torture and harm,” Saikia stated.

He added that Hazarika was handcuffed on the way to the police station, in direct violation of Supreme Court guidelines, and was threatened with dire consequences while being wrongfully restrained. A live video of the incident captured Borbora’s actions, sparking widespread criticism.

Saikia pointed out that Borbora has since been placed in reserve pending an intra-departmental investigation but argued that this measure is insufficient. He called for a case to be registered against Borbora under various provisions of the Bharatiya Nyay Sanhita 2023, including Sections 109 (abetment of offence), 127(2) (wrongful confinement by public servant), 130 (criminal intimidation by public servant), 296 (voluntarily causing hurt), and 351 (assault).

Saikia urged the commissions to take strong action, stating, “This act of brutality highlights a severe misuse of policing power. I pray to the Commission to ensure accountability and justice while setting an example that such behaviour has no place in a civilized society.” He also reiterated his demand for systemic reforms, including a review of officers’ conduct before they are assigned to critical positions.

The Leader of the Opposition has further criticized Bhargav Borbora, highlighting his history of police brutality and misconduct. Saikia pointed out that Borbora’s actions were not an isolated incident, citing multiple examples of abuse of power.

Saikia referred to a previous video in which Borbora was seen threatening and harassing students who were peacefully protesting against tree felling in the Dighalipukhuri area of Guwahati. “Borbora pushed the students with force to evict them from the area where they were trying to protect the environment,” Saikia said. Even though the students’ protest led to the Gauhati High Court following the government’s illegal actions, Borbora faced no reprimand. Instead, he was allowed to continue his violent behaviour without consequence.

Saikia also raised concerns over an incident in Goalpara, where a youth was allegedly found dead after custodial torture at the police station, where Borbora was the Officer-in-Charge (OC). The youth’s parent, Lohit Kachari, alleged that his son had been subjected to third-degree torture by Borbora. Saikia called for a thorough investigation into Borbora’s repeated unlawful acts and questioned who was enabling such behaviour by continuing to post him at crucial police stations like Panbazar.

Further criticizing the police, Saikia said, “Only dedicated and taint-free police officials should be in charge of police stations, as these are the places where the public interacts most with the Assam Police.” He also expressed his concern over the growing “confrontation and high-handedness” within the Assam Police. He pointed to an incident in his own constituency, Nazira, where police officials were caught manhandling journalists outside the ONGC offices on National Press Day, even threatening them with dire consequences. Saikia concluded by stressing the need for serious reform within the police force, particularly in how officers are selected and held accountable.

The opposition leader has called for immediate and decisive action against Inspector Borbora, urging the concerned authorities to take cognizance of the materials and evidence available in the public domain. In light of the serious allegations against Borbora, Saikia has demanded that he be terminated from service with the Assam Police immediately.

Saikia also emphasized the need for legal action to prevent Borbora from further threatening or harassing the victims, Gyandeep Hazarika and Lohit Kachari’s family, in connection with the respective incidents. He called for Borbora’s immediate arrest, asserting that such a move would send a clear message to the public that law will take its own course and that public faith in the criminal justice system must be maintained.

“Following the November 15 incident, multiple individuals across Assam have come forward with their own stories of police brutality and abuse of power,” he said and urged the AHRC to take cognizance of these incidents and to request the Assam Police for a detailed report on actions taken against officers facing allegations of torture, violence, threats, intimidation, and brutality. Saikia also requested the Commission to provide an update on the service status of such tainted officers, ensuring that those involved in such misconduct are held accountable.

Saikia highlighted the failure of the state government to comply with the Supreme Court’s direction in the Prakash Singh case (Union of India), which mandates the establishment of a Police Establishment Board to decide the transfer and posting of police officers, as well as a Police Complaints Authority at the state level to investigate public complaints against police officials. Saikia stressed that the Commission’s intervention is crucial in the face of the government’s inability to implement these reforms effectively.

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