A social activist from Garo Hills has written to the National Human Rights Commission (NHRC) seeking legal action against NPP MLA from Rangsakona constituency Subir M. Marak for slapping a caretaker of the MBOSE guest house at Laitumkhrah here recently.
Cherian Momin in a complaint to the chairperson of NHRC on July 25 said that the assault case was widely reported and documented, raising “serious concerns about human rights violations and legal infractions that warrant immediate investigation and intervention by the NHRC”.
According to the complaint, on July 16, 2024, at around 2 am, Marak, accompanied by individuals he identified as teachers whom he had invited for dinner at his residence, arrived at the MBOSE guest house to drop them off for the night.
“The caretaker, who hails from Garo Hills, was asleep and delayed in responding to calls to open the gate. Marak, evidently enraged by the delay, honked and banged at the gate for nearly 30 minutes before instructing someone to climb over and wake the caretaker,” the complaint said.
“Upon being awakened, the caretaker, still in a state of grogginess, opened the gate. The delay in service apparently provoked Marak, who then engaged in a heated argument with both the caretaker and his wife. This altercation escalated to physical violence when Marak slapped the caretaker. The entire incident was captured on the guest house’s CCTV cameras, and the footage has since gone viral on social media. In the footage, Marak is clearly seen slapping the caretaker and exchanging heated words. Despite subsequently apologising for his actions, Marak has asserted that the viral video constitutes a breach of his privileges, even though the incident occurred in a public space,” the complaint added.
Momin said the actions of the MLA constitute serious breaches of public order and multiple legal provisions. He also cited the relevant legal sections from the Bharatiya Nyaya Sanhita, 2023 (BNS), Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), and Bharatiya Sakshya Bill, 2023 (BSB), which pertain to this incident.
He also challenged the Deed of Compromise dated July 22, 2024, between Marak and the Chengreng D. Sangma in connection with the incident.
According to Momin, the document does not appear to be original, the signatures on the document are made with different pen colours, there are indications that the compromise was forced upon the victim and was not made voluntarily, the witness for the second party is an authority figure rather than a family member and there is no clear evidence that the compromise was executed face-to-face.
“Therefore, it is hereby condemned that this Deed of Compromise is invalid, and its execution is deemed to be in violation of legal norms and principles of natural justice,” Momin added.
He also demanded immediate investigation by the NHRC into the incident involving Marak, verification of the authenticity of the Deed of Compromise and the circumstances under which it was signed, legal action against Marak and any other individuals involved in the incident, and a comprehensive review of Marak’s conduct and actions to determine if there has been any abuse of power or position.
