Concerns Raised Over Investigation in Zubeen Garg Case
Investigation Under Scrutiny
Guwahati, Dec 27: A R Bhuyan, a prominent lawyer and one of the petitioners advocating for Zubeen Garg, has voiced significant worries regarding the investigation's integrity and the chargesheet related to the case. He indicated that it is premature to determine if justice will be served.
In a recent media interaction, Bhuyan highlighted the lack of essential procedural information accessible to the petitioners.
“To my knowledge, the necessary information is still not available. As petitioners, we have approached the court for justice on behalf of Zubeen Garg and requested certified copies of relevant documents, but we have yet to receive them,” he stated.
Bhuyan criticized what he termed as major investigative shortcomings, especially regarding evidence collection.
“To address the gaps, the case needs to be reassessed from the outset. An SIT was formed, tasked with visiting the incident site in Singapore to gather evidence and liaise with local authorities. However, the crucial material and evidence that should have been collected were not adequately gathered,” he commented.
He also remarked that the current chargesheet appears to be narrowly focused.
“The chargesheet only references a 500 ml water bottle as evidence. Based solely on this document, it is far too early to conclude whether Zubeen Garg will receive justice,” Bhuyan added.
Highlighting the legal avenues available to investigators, he mentioned the Mutual Legal Assistance Treaty (MLAT) between India and Singapore.
“The MLAT allows for the legal acquisition of various types of evidence from Singapore to be presented in Indian courts for prosecution. This process has not yet been adequately reflected in the case,” he noted.
Bhuyan emphasized that establishing a criminal conspiracy demands a high standard of proof.
“Proving conspiracy is challenging. The prosecution must establish it beyond a reasonable doubt with credible evidence. Whether the current chargesheet meets this requirement will need careful scrutiny. If the evidence is insufficient, the accused may ultimately be acquitted,” he cautioned.
He also highlighted the necessity of obtaining visual and forensic evidence.
“Video recordings from the time after Zubeen was removed from the water should be secured and presented in court for thorough examination. Only when all evidence is properly documented and a fair trial is conducted can justice be served,” Bhuyan stated.
Addressing the allegations in the chargesheet, he remarked, “It is claimed that one of the accused women forced Zubeen to consume alcohol for two consecutive days, after which he was taken to a yacht and subsequently into the sea. These allegations must be substantiated beyond any doubt for the accused to be found guilty.”
In conclusion, Bhuyan asserted that while there remains an opportunity for the prosecution and authorities to bolster the case, the outcome of justice hinges entirely on the lawful collection, presentation, and examination of all pertinent evidence during the trial.