Assam LoP urges Gauhati HC to abolish judicial commission in Zubeen Garg case

Guwahati: Assam’s Leader of the Opposition (LoP), Debabrata Saikia, urged the Gauhati High Court on Wednesday to direct the state government to revoke the one-man judicial commission probing singer Zubeen Garg’s death.

Saikia argued that this commission conflicts with the ongoing investigation led by the Special Investigation Team (SIT).

In a detailed letter to the Chief Justice of the Gauhati High Court, the senior Congress leader also called for the Gauhati High Court Chief Justice to form a Special Bench to oversee and monitor the nine-member SIT’s investigation.

The Assam Police’s Criminal Investigation Department (CID) formed the SIT following more than 60 FIRs filed across the state regarding Garg’s suspicious death. Subsequently, the state government established a one-man judicial commission headed by Justice Soumitra Saikia to investigate the case.

Saikia warned that continuing the judicial commission risks duplication, conflicts, and complications with the SIT’s probe, potentially causing delays and evidentiary issues.

He stated that the government should withdraw its notification constituting the one-man commission of inquiry.

Saikia suggested integrating the SIT under a unified framework to avoid overlapping duties since most SIT officers belong to the CID.

He proposed that the Gauhati High Court form a Special Bench to supervise the SIT’s investigation in the interest of justice.

The Special Bench could monitor the investigation’s progress, issue directions to ensure procedural fairness and compliance with the Bharatiya Nagarik Suraksha Sanhita (BNSS) provisions, coordinate international assistance, and receive monthly progress reports to maintain public trust and institutional integrity.

“This judicial oversight would eliminate multiplicity, prevent duplicity, and safeguard against procedural impropriety, ensuring no accused escapes accountability due to investigative lapses or bias,” Saikia wrote.

He emphasized that such supervision would uphold constitutional guarantees under Articles 14 and 21, demonstrating the judiciary, executive, and legislature’s collective commitment to the rule of law.

Saikia requested the Chief Justice to review the matter and recommend steps to ensure a fair, credible, and procedurally sound inquiry under judicial supervision.

The singer passed away mysteriously in Singapore on September 19 while swimming during his visit to attend the North East India Festival.

Saikia also challenged the legitimacy and powers of the one-man judicial commission, highlighting that its terms of reference closely mirror the SIT’s criminal investigation, creating conflicts and delays.

He noted that as a single-member commission, it lacks the diverse expertise needed for an international case and holds no police powers, relying only on advisory recommendations that cannot bind investigative agencies.

Referring to Supreme Court guidance, Saikia stressed the necessity of judicially monitored investigations when executive control over investigating authorities raises potential conflicts of interest.

He argued that Garg’s case demands robust judicial oversight to ensure transparency, impartiality, and independence, and that a free, fair investigation following BNSS safeguards is essential to avoid miscarriages of justice.

Saikia pointed out the SIT, led by CID Special DGP Munna Prasad Gupta, holds authority only over domestic investigations. It lacks extraterritorial jurisdiction to probe abroad, such as in Singapore, without Mutual Legal Assistance Treaties (MLAT) or letters rogatory under BNSS Section 186.

He explained that Indian police, including SITs, cannot enforce laws overseas. This jurisdictional gap prevents them from accessing Singaporean autopsy reports, hospital records, or compelling foreign witnesses directly, requiring coordination through central agencies like the Ministry of Home Affairs or the CBI.

Lastly, Saikia informed the court about multiple, conflicting, and selective leaks of confidential investigation materials to the media. He expressed concern that these leaks undermine the investigation’s confidentiality, fairness, and overall integrity.