Fabricated cases and illegal arrest of HRD Bidyut Saikia and Akash Doley

Guwahati police

On 1^st September, 2023 Guwahati Metropolitan Development Authority (DMDA) started its second phase of demolition of houses in Silsako wed land, which has been declared under Water bodies prevention and conservation act to avoid artificial flood. The first phase of demolition happened in 2022, in which more than 500 houses were destroyed and people were evicted and not provide compensation or alternative place to live as promised by the government.

Mr. Bidyut Saikia (secretary) and Mr. Akash Doley are HRD of Krishak Mukti Sangram Samiti (KMSS) a peasant organization in Assem working for PDS theft, non-implementation of NREGA and corruption etc.  protested the eviction peacefully. On 1^st September, 2023 around 6 AM both were arrested by Sonapur police and produced 2cd September around 3 PM before the Chief Judicial Magistrate of Guwahati i.e. after 30hours of illegal detention and they were released on personal bond same day evening. On 4^th September a FIR registered in Guwahati East District, Dispur Police Station, under sections 120-B (Punishment for criminal Conspiracy), 143 (Punishment for being a member of Unlawful Assembly), 341 (Punishment for wrongful restraint), 294 (Obscene acts), 352(Punishment for assault or criminal force), 353(Assault or criminal force to deter public servant from discharge of his duty) and 290 (Punishment for Public Nuisance) of the Indian Penal Code 1860, against Bidyut Saikia, Akash Doley, Vishal Choudhury, Rakesh Rajbongshi, Bikram Koch, Dipti Saikia, Riva Deori, Palakshi Das and Ranjita Singha. No arrest has been made till now.

HRDA India is concerning about not following due process while making arrest, it is clear cut violation of D.K. Basu guidelines. Article 19 (1)(b) of the Indian Constitution, which provides, "All citizens shall have the right to assemble peacefully and without arms." It has been reaffirmed by Supreme Court of India in its various judgements. Article 3 of the Universal Declaration of Human Rights 1948 and Article 6 of the International Covenant on Civil and Political Rights, 1966.

The United Nations Declaration on Human Rights Defenders 1998 states: Article 1, -- “everyone has the right, individually and in association with others, to promote and to strive for the protection and realization of human rights and fundamental freedoms at the national and international levels.

HRDA India strongly believes that the illegal detention of Bidyut Saikia and Akash Doley for peaceful protest is reprisal of silencing peaceful voice. Hence We are seeking urgent action of NHRC.

• To intervene in the relevant court to quash the false charges against the HRDs and to Direct the DGP Assam to order an immediate, thorough, transparent, effective, and impartial investigation into arbitrary detention without due process against the HRDs Bidyut Saikia and Akash Doley and submit the report in the NHRC within two weeks.
• To direct the DGP Assam to take urgent action against the police officials of Sonapur police station, Guwahati and other officials involved in the illegal arrest and violation of DK Basu Guidelines and the Indian law in producing them before a magistrate and submit the report to the NHRC within four weeks.