Plea in Supreme Court seeks protection, CBI or NIA probe in singer Zubeen Garg’s death case

New Delhi: A petition has been filed in the Supreme Court by Shyamkanu Mahanta, chief organiser of the Northeast India Festival, seeking transfer of probe into the death of Assamese singer Zubeen Garg from the state police's SIT to a central agency such as the CBI or the NIA.

Garg, one of Assam's most celebrated singers, passed away in Singapore on September 19, a day before he was scheduled to perform at the festival. Reports suggest that the 52-year-old artiste drowned while swimming near an island during a yacht outing.

Police have invoked murder charges against Garg's manager, Siddharth Sharma and Mahanta, who were nabbed from Delhi on Wednesday. They are also in CID custody for 14 days.

According to the petition, the Singaporean authorities have initiated their own inquiry, but they have not found any element of foul play or culpability attributable to Mahanta.

Mahanta, in his petition, which was filed through advocate Raj Kamal on September 30, has made the Centre, Assam government, the state's Director General of Police, the Central Bureau of India (CBI) and the National Investigation Agency (NIA) as respondents.

The plea alleged that Mahanta, who is the brother of Assam's Chief Information Commissioner Bhaskar Jyoti Mahanta, has been subjected to a "vicious media trial" and "scapegoating" in connection with Garg’s sudden death.

It said that despite this, the Assam Police registered a case under the Bharatiya Nyaya Sanhita for criminal conspiracy, culpable homicide not amounting to murder, and causing death by negligence.

Over 54 FIRs have reportedly been filed against Mahanta across Assam and other northeastern states, it said.

Mahanta contended that he has been unfairly vilified by both the state machinery and the media.

The plea said he was busy organising the three-day cultural festival in Singapore scheduled for September 19–21 and was not present at the site of Garg’s death.

It said Mahanta last met the singer on September 17, two days before the incident.

The plea sought transfer of the probe from the Assam SIT to the CBI or the NIA, and that it be monitored by a retired Supreme Court judge. It sought a direction to the Assam Police to restrain itself from taking coercive measures against Mahanta, including arrest, detention, or harassment.

It also sought the suspension of the Look-Out Circular against Mahanta and to allow him to return and join the investigations.

Besides, the plea sought preservation of crucial evidence, including Garg’s post-mortem report, Singapore investigation records, video footage of the incident, and medical history pointing to the singer’s prior health conditions, such as epileptic fits.

It sought the de-sealing of his properties and unfreezing of bank accounts belonging to him and his family. It also sought a direction to the media and social media platforms to cease prejudicial coverage until investigations are complete.

"The petitioner is a victim of a well-calculated witch-hunt involving irresponsible media reportings, both print and electronic, which seek to create a false narrative with regard to the alleged involvement of the Petitioner in the sad and unfortunate demise of his very dear personal friend, Zubeen Garg," it said.

This is a classic case where the petitioner, who himself is grieving due to the passing away of his personal dear friend, has been made the target of public hate and has not been allowed to even pay his respects at the last rites of the late singer, it said.