Assam Court Orders Unfreezing of Accounts Linked to Zubeen Garg Case
Court Decision on Bank Accounts
A sessions court in Guwahati, Assam, ruled on Monday to unfreeze the bank accounts of Shyamkanu Mahanta, a key suspect in the case surrounding the death of singer Zubeen Garg. The court noted that proper procedures had not been adhered to during the freezing process.
The Kamrup Metropolitan District and Sessions Court made this ruling while considering a petition from Mahanta, who sought the release of six savings accounts, two credit cards, and a current account associated with a trust he manages. These accounts had been frozen amid the ongoing investigation.
Zubeen Garg, a celebrated Assamese artist, tragically passed away on September 19 during a yacht excursion in Singapore, just a day before he was set to perform at the North East India Festival.
A death certificate issued by Singaporean authorities on September 20 attributed Garg's death to drowning. This finding was reiterated in statements made by the authorities in October and December.
On January 14, officials in Singapore reported that Garg had been 'severely intoxicated' and had declined to wear a life jacket while swimming, which contributed to his drowning.
Contrarily, Assam's Chief Minister Himanta Biswa Sarma has consistently asserted that Garg's death was not an accident but rather a murder.
The festival where Garg was scheduled to perform was organized by the Indian government and the Indian High Commission in Singapore, with assistance from local associations.
In connection with Garg's death, seven individuals were arrested. A Special Investigation Team in India filed a chargesheet on December 12, accusing four of these individuals of murder.
The accused include Mahanta, the festival organizer, Garg's manager Siddharatha Sharma, and two musicians who were present with him on the yacht.
Additionally, Garg's cousin, Deputy Superintendent of Police Sandipan Garg, who accompanied him to Singapore, faces charges of culpable homicide not amounting to murder, while two of his personal security officers are accused of criminal breach of trust.
Prior to Mahanta's arrest on October 1, the Chief Minister announced that all his bank accounts had been frozen.
During the recent court session, Mahanta's counsel argued that the investigation was complete and a chargesheet had been filed, indicating that there was no evidence linking the accounts to any criminal activity.
The counsel emphasized that the prolonged freezing of the accounts had caused significant financial strain on Mahanta and his family, hindering their ability to meet daily expenses.
The court noted that the special public prosecutor had indicated the accounts were frozen under Section 106 of the Bharatiya Nagarik Suraksha Sanhita due to serious allegations of financial misconduct.
This section allows police to seize property suspected of being involved in a crime. The prosecutor also mentioned that further investigation under Section 193(9) remains open against the accused.
The court highlighted that the investigating agency failed to report the freezing of the accounts to the appropriate magistrate, as required by law.
“The proper procedures for freezing the bank accounts were not followed,” the court remarked.
After the ruling, the special public prosecutor informed reporters that the court has scheduled a hearing for March 19 regarding the charges, with the trial expected to commence thereafter.