Bail Hearing for Accused in Zubeen Garg Death Case Adjourned to Thursday
The fast-track court in Guwahati conducted a partial hearing on Wednesday for the bail petition filed by Shyamkanu Mahanta, one of the key accused in the high-profile death case of renowned singer Zubeen Garg. The proceedings were adjourned, with further arguments scheduled to resume on Thursday.
Court Proceedings and Judicial Orders
Judge Sharmila Bhuyan, presiding over the case, noted in her order that the arguments on Shyamkanu Mahanta's bail petition were part-heard due to time constraints, as the session extended until 4:40 PM. The hearing has been reserved to continue the following day.
In a related development, the court addressed the bail petition of another accused, Siddharth Sharma, Zubeen Garg's manager. The judge pointed out that the affidavit submitted for Sharma's petition was defective and lacked the required court fee. Consequently, the document was not accepted, and the petitioner along with his counsel were directed to file a fresh affidavit. Only after this correction will Sharma's bail petition be taken up for consideration.
Prosecution's Arguments and Counterpoints
Special Public Prosecutor (SPP) Z Kamar presented several critical arguments during the hearing. He highlighted that the defense counsel for Shyamkanu Mahanta referenced an email where Mahanta allegedly instructed a hotel not to supply alcohol to Zubeen Garg. However, the prosecution countered this claim by asserting that Mahanta had, in fact, asked Abhimanyu Tanti, an Assamese resident based in Singapore, to procure alcohol. This alcohol was subsequently handed over to Mahanta, who then provided it to Zubeen Garg.
On the issue of flight risk, the defense argued that the accused posed no such threat. The SPP rebutted this by stating that a lookout circular had already been issued against Mahanta due to his initial failure to cooperate with the investigation. It was only after this circular was issued that Mahanta decided to join the investigative proceedings.
Another point raised by the defense was Mahanta's prolonged incarceration of seven months, which they argued should warrant bail. The prosecution firmly opposed this, emphasizing that merely being in jail does not constitute a valid ground for granting bail.
Additionally, the SPP clarified that if the prosecution fails to establish a case against the accused during the charge hearing and no charges are framed, they would be discharged. However, if charges are indeed framed, the bail petition would lose its merit entirely.
Background of the Case and Accused
Shyamkanu Mahanta was the organizer of the fourth edition of the North East India Festival in Singapore, which took place in September of last year. Zubeen Garg had traveled to Singapore to attend this festival, with a performance scheduled for September 20. Tragically, the singer died at the age of 52 while swimming in the sea on September 16, just a day before the event.
The Gauhati High Court established this fast-track court on March 19 to ensure day-to-day trial proceedings in the Zubeen Garg death case. This court was constituted six months after the singer's untimely demise and three months following the submission of the chargesheet by the Special Investigation Team (SIT).
Family Statements and Legal Charges
In a heartfelt statement to the media on Wednesday, Anita Deka Mahanta, wife of Shyamkanu Mahanta, expressed her distress over her husband's seven-month imprisonment, claiming he is innocent. She affirmed her faith in the judicial system, stating, "We will get justice. Zubeen had trust in Shyamkanu."
The list of accused in this case extends beyond Shyamkanu Mahanta and Siddharth Sharma. It includes Zubeen Garg's bandmate Shekharjyoti Goswami, co-singer Amritprabha Mahanta, cousin Sandipon Garg, and two Personal Security Officers (PSOs), Nandeswar Borah and Paresh Baishya. All individuals are currently detained in jail.
Murder charges under various sections of the law have been formally framed against four of the accused: Shyamkanu Mahanta, Siddharth Sharma, Shekharjyoti Goswami, and Amritprabha Mahanta. Sandipon Garg faces charges of culpable homicide not amounting to murder. The two PSOs have been named in the chargesheet for related offences, including criminal conspiracy and breach of trust, adding layers of complexity to this ongoing legal battle.
