The Kamrup (Metropolitan) District and Sessions Court in Guwahati on Saturday postponed the crucial hearing for consideration of charges in the high-profile Zubeen Garg case to January 17. The delay came after the prosecution requested more time, highlighting the enormous volume of evidence comprising a chargesheet and documents that together run over 12,000 pages.
Court Proceedings and Accused Appearances
The case was listed before the court on Saturday, with all seven accused produced from jail custody via video conferencing. The accused include Singapore festival organizer Shyamkanu Mahanta, manager Siddharth Sharma, band member Sekhar Jyoti Goswami, co-singer Amritprava Mahanta, Zubeen's cousin and police officer Sandipon Garg, and Personal Security Officers (PSOs) Paresh Baishya and Nandeswar Borah.
The 'consideration of charges' is a critical initial step where the court reviews the evidence to determine if a prima facie case exists to formally frame charges against the accused.
Charges and Legal Maneuvers
The charges in the case are severe and varied. Shyamkanu Mahanta, Siddharth Sharma, Sekharjyoti Goswami, and Amritprava Mahanta face charges of murder, conspiracy, and common intention. Sandipon Garg has been charged with culpable homicide not amounting to murder.
Additionally, Siddharth, Sekharjyoti, Nandeswar, and Paresh are accused of criminal breach of trust concerning property. Shyamkanu and Amritprava also face charges for the disappearance of evidence and providing false information.
The hearing saw significant legal activity. Four of the accused—Amritprava Mahanta, Sandipon Garg, Nandeswar Borah, and Paresh Baishya—filed bail applications. The prosecution sought time to submit written objections to these pleas, which the court granted.
While Shyamkanu Mahanta's lawyers have not yet filed a bail application, they pressed the court for the de-freezing of his bank accounts, the supply of non-relied documents, and permission for his future virtual appearances. The public prosecutor assured the court that objections would be filed on the next hearing date.
Shift in Legal Representation and Family's Plea
The session judge, Gautam Baruah, oversaw changes in legal representation. Siddharth Sharma's three private counsels applied to represent him, replacing the legal aid defence counsels. Consequently, Judge Baruah discharged the chief legal aid defence counsel and deputy chief legal aid counsels from defending Amritprava, Shyamkanu, Siddharth, and Sekharjyoti, as each has now engaged private lawyers.
Sekharjyoti Goswami's counsel also pleaded for more time for the charge consideration hearing, which was allowed until January 17. Only Sandipon Garg and the two PSOs, Paresh Baishya and Nandeswar Borah, continue to be represented by the chief legal aid defence counsel, having not engaged any private lawyers.
In a significant development, the judge allowed Zubeen Garg's wife, Garima Saikia Garg, to engage counsel Pradipta Talukdar to assist the public prosecutor. Present in court, Garima later urged the state government to expedite the appointment of a specialized team of public prosecutors comprising senior lawyers with expertise in such matters.
"The accused have built a strong legal team, as we can see. We also have to form our own strong team. The chief minister has said a special prosecution team will be formed, and I request him to do so at the earliest," she stated.
Garima also made a fervent appeal for the fast-tracking of the trial process, pointing out that with nearly 400 witnesses listed in the case, it "would take decades for progress to be made in routine hearings." The next hearing in this closely watched case is now scheduled for January 17.
