LoP Saikia urges Gauhati HC to scrap Zubeen probe panel, form special bench
Debabrata Saikia calls for Special Bench to monitor SIT probe, citing overlap and legal conflicts
Guwahati, Oct 22: Assam’s Leader of the Opposition (LoP) Debabrata Saikia has urged the Gauhati High Court to direct the state government to abolish the one-man judicial commission probing the death of singer Zubeen Garg, arguing that it conflicts with and duplicates the ongoing Special Investigation Team (SIT) probe.
In a detailed letter addressed to the Chief Justice of Gauhati High Court, the senior Congress leader called for the formation of a Special Bench to supervise and monitor the investigation into the late artist’s death, being conducted by a nine-member SIT under the Criminal Investigation Department (CID) of Assam Police.
The SIT was constituted following over 60 FIRs filed across the state after Garg’s unnatural death. Subsequently, the Assam government appointed a one-man judicial commission, headed by Justice Soumitra Saikia of the Gauhati High Court, to conduct a parallel inquiry into the case.
“The state government may be advised to withdraw its notification constituting the one-man commission of inquiry, as its continuance risks duplication, conflict, and over-complication with the ongoing SIT/CID investigations, potentially leading to evidentiary issues and delays,” Saikia wrote.
He further suggested that since most SIT officers are drawn from the CID, they could be integrated under a unified framework to eliminate overlaps and improve coordination.
Saikia proposed that a Special Bench of the Gauhati High Court be empowered to supervise and monitor the SIT’s investigation into Zubeen Garg’s demise “in the interest of justice.”
“Such a Bench could oversee the progress of investigations, issue directions to ensure procedural fairness and compliance with BNSS provisions, coordinate international assistance, and receive monthly progress reports to preserve public confidence and institutional integrity,” he added.
The Congress leader argued that this judicially monitored model would prevent procedural impropriety and ensure accountability.
“It would eliminate multiplicity, prevent duplicity, and safeguard against investigative bias, ensuring no accused escapes accountability. This oversight would reaffirm constitutional guarantees under Articles 14 and 21, upholding the rule of law,” Saikia stated.
He requested the Chief Justice to review the matter and issue appropriate recommendations guiding the Government of Assam towards a fair, credible, and judicially supervised inquiry.
Zubeen Garg died under mysterious circumstances in Singapore on September 19 while swimming in the sea during his visit to attend the 4th North East India Festival.
Saikia also questioned the legitimacy and authority of the judicial commission, arguing that its terms of reference mirror those of the SIT, creating potential jurisdictional conflicts and unnecessary delays.
“As a single-member body, it lacks the diverse expertise required for a multifaceted international case and operates without inherent police powers, relying only on advisory recommendations that cannot bind investigative agencies,” he noted.
Referring to Supreme Court precedents, Saikia stressed the importance of judicially monitored investigations in cases where executive control could create conflicts of interest.
“Respectfully adopting this principle, I submit that the nature of late Zubeen Garg’s case warrants robust judicial oversight to ensure transparency, impartiality, and independence. A free and fair investigation adhering strictly to BNSS safeguards is essential to prevent any miscarriage of justice,” he wrote.
The LoP further highlighted a jurisdictional limitation of the SIT, led by CID Special DGP Munna Prasad Gupta, noting that it lacks extraterritorial authority to conduct investigations abroad.
“Indian police, including SITs, have no direct enforcement powers overseas. This jurisdictional void under the Assam Police Act renders the SIT powerless in key areas of the international probe, such as accessing Singaporean autopsy reports, hospital records, or summoning foreign witnesses. Such actions require coordination with central authorities like the Ministry of Home Affairs or the CBI through Mutual Legal Assistance Treaties (MLAT) or letters rogatory under BNSS Section 186,” Saikia explained.
The Congress leader also raised concern over *confidential materials being leaked to the media.
“Multiple and conflicting reports, including confidential and personal details, have been improperly leaked, undermining the fairness and sanctity of the investigation into Zubeen Garg’s unfortunate demise,” he stated.
Through his letter, Saikia called upon the Gauhati High Court to restore public trust by ensuring a transparent, coordinated, and judicially supervised investigation into one of Assam’s most sensitive and emotionally charged cases.
PTI