Guwahati Court Orders De-Freezing of Accounts in Zubeen Garg Death Case Over Procedural Violations
A district and sessions court in Guwahati has delivered a significant ruling in the ongoing investigation into the death of renowned singer Zubeen Garg. On Monday, Judge G Baruah ordered the immediate de-freezing of all bank accounts and credit cards belonging to Shyamkanu Mahanta, one of the accused in the high-profile case. The court's decision stems from what it termed as "serious procedural lapses" by investigating authorities who failed to comply with mandatory safeguards under the Bharatiya Nagarik Suraksha Sanhita (BNSS).
Court Cites Multiple BNSS Violations by Investigators
In a detailed order that underscores the importance of due process, the court highlighted two critical failures by the investigating agency. First, investigators did not report the freezing of Mahanta's financial assets to the jurisdictional magistrate as required under Section 94 of the BNSS. Second, they failed to obtain prior approval from the magistrate before implementing the freezing orders. "Before freezing the bank accounts, the investigating agency also did not take approval of the jurisdictional magistrate under provisions of BNSS," Judge Baruah stated unequivocally in the written order.
The court further emphasized that "the investigating agency did not follow the laid down procedure of freezing of bank accounts," rendering their actions procedurally invalid. While the prosecution attempted to characterize these oversights as merely technical errors that should be overlooked, the judge maintained that investigative steps must strictly comply with established legal frameworks to ensure justice is served properly.
Court's Specific Directions and Additional Rulings
Granting Mahanta's application, the court explicitly directed that "the prayer of the accused Shyamkanu Mahanta to de-freeze the accounts/credit cards is allowed" and ordered that "the investigating agency is directed to de-freeze the bank accounts/credit cards." The judge noted that the prosecution retains the right to pursue lawful recourse if they can demonstrate proper legal grounds supported by appropriate provisions.
In related directives, the court ordered the prosecution to provide the defense with a copy of a 16 GB pen drive containing case-related material within one week. However, the court rejected the defense's plea for access to certain documents prepared by Singapore Police authorities, including the inquest report, death investigation findings, medical examiner's report, and complete Coroners Report. The court determined that these materials do not fall within India's criminal procedure framework and noted that all findings collected by Assam investigators had already been shared with the defense.
Separate Order Regarding Co-Accused's Property
In a parallel development, the court issued a separate order concerning co-accused Siddhartha Sarma. The court directed that Sarma's apartment remain under attachment for two years or until further orders, citing the absence of a bank guarantee. Additionally, Sarma was instructed to submit a demand draft of Rs 16 lakh at the CID police station as a precondition for reopening his sealed flat.
Case Timeline and Government Response
Special Public Prosecutor Ziaul Kamar revealed that remand proceedings and the hearing on framing of charges have been scheduled for March 13, following completion of document inspection. A separate hearing in the related Mahabir Aqua matter has been fixed for March 19.
Earlier this week, the Assam state cabinet approved the creation of a dedicated fast-track court for day-to-day hearings in the Zubeen Garg case. Chief Minister Himanta Biswa Sarma announced that the state government would formally approach the Gauhati High Court to constitute this specialized court, aiming to expedite the trial process and ensure timely resolution of the matter that has captured public attention across the region.
The court's ruling highlights the critical balance between investigative urgency and procedural compliance, emphasizing that even in high-profile cases, legal safeguards must be meticulously observed to maintain the integrity of the judicial process. This development represents a significant procedural victory for the defense while underscoring the importance of adherence to the BNSS framework in criminal investigations.
