Guwahati: The Court of the District and Sessions Judge in Guwahati on Monday ordered the de-freezing of a bank account belonging to Shyamkanu Mahanta, one of the accused in the case related to the death of Assam’s cultural icon, Zubeen Garg, observing that investigators had failed to comply with mandatory procedural safeguards under Section 107 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
The court noted that the freezing of Mahanta’s account had been carried out without adherence to statutory requirements. While the prosecution described the lapses as technical in nature and urged the court to overlook them, the judge held that investigative measures must strictly conform to due process. The court added that lawful recourse remained available to the prosecution if supported by appropriate legal provisions.
In a separate direction, the court asked the prosecution to furnish to the defence, within a week, a copy of a 16 GB pen drive containing case-related material.
However, the court rejected a plea by the defence seeking access to documents referred to as the “Singapore files”. It observed that materials relied upon by the Singapore Police did not fall within the ambit of India’s criminal procedure framework and recorded that all findings collected in Assam had already been shared with the defence.
In another order, the court directed that the apartment of co-accused Siddhartha Sarma remain under attachment for two years or until further orders, citing the absence of a bank guarantee. Sarma was also directed to submit a demand draft of Rs 16 lakh at the CID police station as a precondition for reopening the sealed flat.
According to the investigating agency, Sarma allegedly diverted Rs 16 lakh belonging to Garg and invested the amount in purchasing the apartment.
Special Public Prosecutor Ziaul Kamar said remand proceedings and the hearing on framing of charges have been scheduled for March 13 following completion of document inspection. A separate hearing in the Mahabir Aqua matter has been fixed for March 19.
Following the hearing, Garg’s wife, Garima Saikia Garg, criticised the decision to de-freeze Mahanta’s bank account, alleging that the defence was attempting to delay the proceedings by relying on technical grounds. She also said she had not been formally informed about the proposed fast-track court arrangement.
Earlier this week, the Assam Cabinet approved the creation of a dedicated fast-track court to conduct day-to-day hearings in the case. Chief Minister Himanta Biswa Sarma had stated that the state government would approach the Gauhati High Court to constitute an exclusive sessions court under Section 346(1) of the Bharatiya Nyaya Sanhita to expedite the trial.
