Nine Hearings On, Charges Still Pending; Court Orders De-Freezing of Shyamkanu’s Bank Account in Zubeen Garg Case

GUWAHATI: The hearing in the alleged murder case of the renowned Assamese singer Zubeen Garg was held on Monday at the District and Sessions Judge’s Court, where the court delivered its orders on several petitions filed earlier by the accused.

The Sessions Court had previously heard multiple applications submitted by the accused, including Siddharth Sharma, Shyamkanu Mahanta and Shekharjyoti Goswami. Among them, Siddharth Sharma and Shekharjyoti Goswami had sought discharge from the case. After hearing detailed arguments from both sides, the court had reserved its order, which was pronounced today.

Since the case was committed to the Sessions Court, around nine hearings have been conducted. However, during these hearings, the court was able to take up only the objections and interlocutory petitions filed by the accused, and the process of framing charges has not yet begun. The prosecution alleged that the defence counsel had been deliberately attempting to delay the proceedings.

Meanwhile, the state government has decided to transfer the case to a fast-track court, though there is no official clarity yet on when such a court will be constituted.

During Monday’s hearing, the court pointed out procedural lapses on the part of the prosecution in freezing certain bank accounts. It observed that the provisions of Section 107 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) were not properly followed. Consequently, the court directed that the bank account of Shyamkanu Mahanta be de-frozen.

Public Prosecutor Ziaul Kamar acknowledged the lapse, stating,

“The de-freezing of the bank account was ordered due to a technical lapse, not on the factual aspects of the case. There were certain legal compliances that needed to be followed. We should have placed specific information before the court, which was a mistake on our part. As we failed to do so, the trial court passed the order directing the de-freezing of the bank account.”

On the issue of procuring documents from Singapore in connection with accused Siddharth Sharma, the court observed that the police had already collected several documents from Singapore and attached them to the chargesheet. The court further clarified that under the BNSS, it does not have the authority to directly summon documents from a foreign country. Such a request, it noted, must be routed through the Government of India.

The next hearing in connection with the Mahabir Aqua matter linked to Siddharth Sharma has been scheduled for March 19, which will also be the next date in the main case. March 13 has been fixed for the appearance of the accused, who have been directed to be present through video conferencing.

Public Prosecutor Kamar also informed that the plea filed by Siddharth Sharma seeking the release of his seized flat has been rejected. The court observed that Siddharth may apply for the release of the flat only after furnishing a bank guarantee of Rs 16 lakh in favour of the Officer-in-Charge of the CID Police Station. The amount corresponds to the allegation that Rs 16 lakh was siphoned off to purchase the flat — an allegation that remains disputed. Until such a guarantee is furnished, the flat will remain under seizure.

Reacting to the developments, Garima Saikia Garg said,

“We have not been officially informed about the fast-track court. We do not know how far the process has progressed or when such a court will be constituted.”

Commenting on the de-freezing of Shyamkanu Mahanta’s bank account, she termed it “bad news” and expressed concern over procedural discrepancies. Referring to a previous similar order in the Mahabir Aqua matter, she urged the police to exercise greater caution in handling procedural requirements to ensure that such lapses are not repeated in the future.

Also Read: "We Wanted Speedy Justice": Garima Reacts After Assam Cabinet Seeks Fast-Track Court