TURA, July 29: Social activist Cherian Momin has written to the National Human Rights Commission (NHRC) seeking action against the NPP MLA of Rangsakona Subir Marak over his now infamous outburst on the premises of the MBoSE Guest House in Shillong on July 16.
The incident saw the gun-toting MLA slap the chowkidaar (watchman) of the guest house after the latter failed to open the gate of the guest house to allow Marak and his apparent friends into their accommodations at 2 am in the morning on July 16. His actions were captured by the CCTV camera within the premises which later went viral on social media.
Marak later owned up to the incident and apologised but blamed the chowkidaar and his wife for the delay in opening which led to his tirade. He also quoted MLA privileges in the matter which took the entire state by storm and led to widespread condemnation.
The Rangsakona MLA had stated that he had honked at the gate as well as ran his siren for close to 30 minutes to evoke a response from the chowkidaar to open the gate and later asked one of his security details to climb through and wake the sleeping employee. This, despite the time of hour, was the reason for the tirade.
What is even more interesting in the case is the fact that despite the gravity of what the MLA had done, no censure has been made against him by either the police or the state government. No statement has also been forthcoming from the party (NPP) on the actions of the MLA. As per sources, the case now stands compromised between the MLA and the assaulted employee.
In his complaint to the NHRC, Cherian has sought an investigation into the issue as well as concerns over the deed of compromise between the MLA and the victim.
“The timing of their arrival was such that the caretaker, who hails from Garo Hills, was asleep and delayed in responding to calls to open the gate. The delay led to Marak engaging in a heated argument with both the caretaker and his wife. This altercation escalated to physical violence when the MLA slapped the caretaker. He was also seen brandishing a gun during the altercation. He later asserted that the viral video constitutes a breach of his privileges, even though the incident occurred in public space,” said Momin.
The activist in the same complaint outlined the various provisions that were violated by the MLA during the ‘slapgate’ episode including sections under Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) under sections 187, 231 and 244 as well as IPC sections 323, 341 and 506. Momin added that the case also falls under the Arms Act. “There is a concern if the arm that was brandished during the altercation is actually legal. And investigation into this is required,” felt Momin.
As is now known, following the incident, a Deed of Compromise dated Jul 22 was presented between the MLA and the victim which, as per the activist raises serious questions.
“Firstly the compromise paper does not seem to be original and two different pens have been used for the signatures suggesting tampering or unauthorized signing. There are also indications that the compromise has been coerced by the MLA. What is even more concerning is that the witness in the document of compromise is one of the MBoSE authorities,” he added.
“A valid deed of compromise needs the presence of both parties though this is not clear from the letter. In such a scenario, we have no other option than to condemn the agreement made,” felt Momin.
Appealing to the NHRC, the activist sought an immediate investigation into the case as well verification of the compromise deeds authenticity.
“This incident is a grave violation of human rights and what later followed – legal norms. The physical assault, threats, and potential firearm misuse, combined with the irregularities in the Deed of Compromise, represent a serious breach of public order and justice. It is imperative that the NHRC takes swift and decisive action to address these issues and uphold the rule of law,” asserted Momin.
