Guwahati: In a significant development in the Zubeen Garg death case, Gauhati High Court judge Justice Parthivjyoti Saikia has recused himself from hearing the bail petition of accused Shyamkanu Mahanta. Special Public Prosecutor (SPP) Z Kamar confirmed this development on Wednesday, stating that the judge recused himself for reasons not disclosed to the parties.
Background of the Case
Mahanta, the organizer of the fourth edition of the North East India Festival in Singapore, is one of seven accused in the case. He has been in judicial custody since September last year. The bail petition was moved before the High Court after a fast-track court, established for the speedy trial of the Zubeen case, denied him bail on April 30.
Court Proceedings
Speaking to the media outside the court, SPP Z Kamar said, “The judge has recused himself from the petition for some reason, which we don’t know, and directed the registry of the court to list it before an appropriate bench.” The bail plea was initially listed before Justice Parthivjyoti Saikia.
The SPP further explained, “Judges may recuse themselves from hearing cases for various reasons, such as personal familiarity with a party involved. However, in Shyamkanu Mahanta’s bail plea, we don’t know the reason for the judge’s recusal. Let’s wait till the matter is listed before a bench.”
Details of the Incident
Zubeen Garg died on September 19 last year while swimming in the sea in Singapore. He had arrived in Singapore on September 17 to perform at the festival scheduled for September 20. Mahanta, as the organizer, was present at the event.
Fast-Track Court’s Decision
On April 30, Fast-Track Court Judge Sharmila Bhuyan rejected Mahanta’s bail petition, citing a “risk of fleeing.” The judge noted that Mahanta did not appear before or contact Assam Police soon after Zubeen’s death. Instead, he left Singapore for Malaysia with his wife and returned to India only after a notice was issued against him and Interpol was alerted. The court observed, “This pointed he fled away from the place of occurrence country immediately after the incident and there appears every possibility of his again flying away if granted bail.”
Mahanta had applied for bail before the fast-track court on April 10. With the High Court judge’s recusal, the matter will now be listed before an appropriate bench for hearing.
