Assam LoP urges Gauhati HC for abolishing judicial commission on Zubeen Garg's death case

Guwahati: Leader of the Opposition in Assam Assembly Debabrata Saikia on Wednesday urged the Gauhati High Court to ask the state government to abolish the one-man judicial commission set up to probe the death of Zubeen Garg, as it contradicts several aspects of the ongoing probe by SIT.

In a letter to the Chief Justice of Gauhati High Court, the senior Congress leader also demanded the formation of a Special Bench to supervise and monitor the investigation being carried out by a nine-member SIT.

A Special Investigation Team (SIT) under the Criminal Investigation Department (CID) of Assam Police is currently probing Garg's unnatural death case after more than 60 FIRs were lodged across the state.

Later, the Assam government set up a one-man judicial commission, headed by Justice Soumitra Saikia of the Gauhati High Court, to probe the mysterious death of the singer-lyricist-composer.

"That the state government may be advised to withdraw its notification..., constituting the one-man commission of inquiry, as its continuance risks duplication, conflict, and over-complication with the ongoing SIT/CID investigations, potentially leading to evidentiary issues and delays," Saikia said.

As the SIT was formed with officers mostly from the CID wing, so they may be subsumed under a unified framework to eliminate overlaps with CID duties, he added.

"A Special Bench of the Hon'ble Gauhati High Court may be constituted to supervise and monitor the investigation that is being carried out by the SIT/CID, into the unfortunate demise of Zubeen Garg, in the interest of justice," the LoP said.

The special bench may be empowered to monitor the progress of investigations, issue suitable directions to ensure procedural fairness and compliance with BNSS provisions, coordinate international assistance and receive monthly progress reports to preserve public confidence and institutional integrity, he added.

"Such a model...would eliminate multiplicity, prevent duplicity, and safeguard against procedural impropriety, ensuring that no accused escapes accountability due to investigative lapses or bias.

"This judicially monitored oversight would reaffirm the constitutional guarantees under Articles 14 and 21, manifesting the collective resolve of judicial, executive, and legislative institutions to uphold the sanctity of the rule of law," Saikia stressed in his letter.

He urged the Chief Justice of GHC to review the matter and make recommendations to guide the Government of Assam towards ensuring a fair, credible and procedurally sound inquiry under judicial supervision.

The celebrated singer died under mysterious circumstances in Singapore on September 19 while swimming in the sea. He had gone to the Southeast Asian nation to attend the 4th edition of the North East India Festival.

Saikia in his letter also said that the legitimacy and powers of the one-man judicial commission must also be questioned as its terms of reference mirror the SIT's criminal probe, leading to inevitable conflicts and delays.

"As a single-member body, it lacks the diverse expertise for a multifaceted international case and operates without inherent police powers, relying on advisory recommendations that cannot bind investigative agencies," he added.

Elaborating on the need to have a Special Bench, Saikia said the Supreme Court emphasised that judicially monitored investigations are indispensable where potential conflicts of interest arise due to executive control over investigating authorities.

"Respectfully adopting this principle, I submit that the nature of Late Zubeen Garg's case warrants robust judicial oversight to ensure transparency, impartiality, and independence. A free and fair investigation, adhering strictly to BNSS safeguards...is thus utmost necessary to prevent any miscarriage of justice," he added.

Saikia, in his letter also said that the SIT, led by CID Special DGP Munna Prasad Gupta, is empowered only for domestic investigations and lacks extraterritorial authority to conduct a probe abroad, such as in Singapore without reliance on Mutual Legal Assistance Treaty (MLAT) or letters rogatory under BNSS Section 186.

"Indian police, including SITs, have no direct enforcement powers overseas. This jurisdictional void under the Assam Police Act renders the SIT powerless for core aspects of an international investigation, such as accessing Singaporean autopsy reports, hospital records or compelling foreign witnesses, necessitating coordination through central authorities like the Ministry of Home Affairs or CBI," he added.

The Congress leader also informed the high court that multiple and conflicting reports relating to the ongoing investigation have been selectively and improperly leaked to the media, including materials of a confidential and personal character.

"These leaks have undermined the confidentiality, fairness, and sanctity of the investigation into the unfortunate demise of Zubeen Garg," he added.