AHRC orders probe into unlawful handcuffing of Sankarjyoti Barua

Dibrugarh, May 24: In a significant development highlighting concerns over civil liberties and police accountability, the Assam Human Rights Commission (AHRC) has ordered a magistrate-level inquiry into the alleged illegal handcuffing of Sankarjyoti Barua, a former General Secretary of the All Assam Students' Union (AASU).

The case has drawn sharp public and legal scrutiny after visuals surfaced of Barua being paraded in handcuffs while being brought to court.

The inquiry follows a detailed public interest complaint submitted by advocate Vijay Pandey, who also filed a separate plea with the Assam State Police Accountability Commission (SPAC). The complaints accuse police officials, including the Superintendent of Police, Dibrugarh, the Officer-in-Charge of Duliajan Police Station, and the Investigating Officer, of violating both Supreme Court directives and constitutional protections under Article 21.

“Sankarjyoti Baruah is neither a habitual offender nor charged with crimes warranting handcuffing under the law,” said Pandey. “He is a respected public figure with no criminal background. The act of handcuffing him in full public view is a direct violation of his right to dignity and liberty.”

Baruah was reportedly arrested in connection with a case at the Duliajan Police Station and brought to court from Dibrugarh Police Station on May 19, 2025. He remained handcuffed throughout the transfer and until his court appearance — a move the complaint says was conducted without prior judicial approval, as required by law.

The complaints also cite media reports claiming that Chief Minister Himanta Biswa Sarma had verbally directed police officials not to handcuff Baruah, an instruction that was reportedly ignored by the officers involved.

“Even after the Chief Minister’s instruction, the SP of Dibrugarh and others flouted the directive with impunity,” Pandey said, adding, “This is not just a violation of Supreme Court orders, but also a blatant act of administrative indiscipline.”

Citing landmark Supreme Court judgments, including Prem Shankar Shukla v. Delhi Administration and Citizen for Democracy v. State of Assam, the complaint argues that handcuffing is deemed "prima facie inhuman' and can only be applied with judicial consent and clear reasoning, neither of which was followed in this case.

In his submission to both AHRC and SPAC, Pandey requested:

• A formal inquiry into the actions of the police officials involved;
• Departmental action against the Superintendent of Police, the Officer-in-Charge, and the IO;
• Public compensation for Baruah for violation of his rights;
• Issuance of binding directives to all police units across Assam to prevent similar violations.
• “We are glad that the Human Rights Commission has taken this issue seriously. It’s a matter of upholding the rule of law and protecting citizens' rights from abuse of power,” Pandey said.

He also slammed the silence of local political leaders such as Bimal Borah and Prasanta Phukan, saying, “Neither of them has addressed the public on this grave issue. Their silence is an abdication of responsibility. Politics is clearly being played here.”

As the AHRC begins its inquiry, civil rights groups and legal circles across Assam are closely watching the outcome. The case has reignited discussions about police overreach, the misuse of authority, and the urgent need for reform in custodial procedures.