Zubeen Garg death: Court directs police to de-freeze bank accounts of key accused, cites lapses

A sessions court in Assam’s Guwahati on Monday directed the police to de-freeze the bank accounts of key accused Shyamkanu Mahanta in the case related to the death of singer Zubeen Garg, observing that procedures had not been followed, The Indian Express reported.

The Kamrup Metropolitan District and Sessions Court issued the order while hearing a petition filed by Mahanta seeking the unfreezing of six savings accounts, two credit cards and a current account in the name of a trust he runs.

All had been frozen during the course of the investigation.

Zubeen Garg, a renowned Assamese singer, died on September 19 during a yacht trip in Singapore, a day before he was scheduled to perform at the North East India Festival there.

A death certificate issued by the authorities in Singapore on September 20 stated the cause of Garg’s death as drowning. The authorities reiterated the findings in October and December.

On January 14, the authorities in the southeast Asian country also said that Garg was “severely intoxicated” and had refused to wear a life jacket when he drowned while swimming in September.

However, Assam Chief Minister Himanta Biswa Sarma has repeatedly claimed that the singer’s death was not accidental but was a murder.

The event where Garg was scheduled to perform had been organised by the Indian government and the Indian High Commission in Singapore, with support from the Assam Association and the North East India Association in the country.

Seven persons were arrested in connection with the singer’s death. A Special Investigation Team in India formed to look into the case filed a chargesheet on December 12, accusing four of the seven persons of murder.

The four persons charged for murder included Mahanta, who was the organiser of the North East India Festival, Zubeen Garg’s manager Siddharatha Sharma and two musicians – Shekharjyoti Goswami and Amritprava Mahanta – who were with the singer on the yacht.

Besides, Zubeen Garg’s cousin, Deputy Superintendent of Police Sandipan Garg, who had travelled with him to Singapore, was charged with culpable homicide not amounting to murder, while two of his personal security officers, Borah and Baishya, were accused of criminal breach of trust.

Before Mahanta’s arrest on October 1 after returning from Singapore, the chief minister had announced that all of his bank accounts had been frozen, The Indian Express reported.

In its order on Monday, the court recorded arguments by the counsel representing Mahanta that the investigation had been completed and the chargesheet had been submitted.

As there was no material to suggest that the accounts related to the organiser contained proceeds of the crime, no lawful purpose would be served by keeping the accounts frozen, the counsel said.

The counsel further submitted in the court that “prolonged freezing of the bank accounts has caused severe financial hardships and distress to the accused and his family members to meet essential day to day expenses, discharging banking obligations and clear dues”, The Indian Express reported.

The court in its order also recorded that the special public prosecutor had submitted that the accounts were frozen under Section 106 of the Bharatiya Nagarik Suraksha Sanhita “due to serious allegation and scale of suspected financial improprieties”.

Section 106 empowers police officers to seize property suspected to be stolen or involved in an offense.

The special public prosecutor had also submitted that further investigation under Section 193(9) “is kept open against the accused person”, the newspaper quoted the court as saying in its order.

The section enables the police to conduct additional investigation even after the chargesheet is submitted.

The court further noted the argument that the Enforcement Directorate had registered a parallel investigation under the Prevention of Money Laundering Act in connection with the “same allegations forming scheduled offences”, according to The Indian Express.

In its order, the court said that under Section 106 of the Bharatiya Nagarik Suraksha Sanhita, every police officer must report seizures to the magistrate having jurisdiction.

The investigating agency after freezing the bank accounts had not reported the action to the jurisdictional magistrate as required, the newspaper quoted the court as saying.

“The investigating agency did not follow the laid down procedure of freezing of bank accounts,” it observed.

Speaking to reporters after the direction was issued, the special public prosecutor said that the court has set March 19 for hearing the charges in the matter, PTI reported. He added that the trial would begin after that.