The Guwahati court on Monday ordered the de-freezing of a bank account belonging to Shyamkanu Mahanta, one of the accused in the case linked to the death of Assam’s cultural icon Zubeen Garg, due to procedural failures by investigators under Section 107 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). The court ruled that the freezing of Mahanta’s account had been conducted without compliance with mandatory legal procedures.

Legal Proceedings Under Scrutiny

The court’s decision came after it observed that the freezing of the account had been carried out without adhering to the statutory requirements laid out by the BNSS. The prosecution attempted to downplay the issue, calling the lapses ‘technical’ and requesting the court to overlook them. However, the judge emphasized that investigative actions must strictly follow due process.

The court also noted that the prosecution retains the option to pursue legal action against Mahanta if supported by proper legal provisions. In a related directive, the court ordered the prosecution to provide the defense with a copy of a 16 GB pen drive containing case-related material within a week.

The court also rejected a defense plea for access to the so-called ‘Singapore files.’ The judge ruled that materials used by the Singapore Police were not within the scope of India’s criminal procedure and noted that all findings collected in Assam had already been shared with the defense.

Assets Seized, Legal Deadlines Set

In another order, the court extended the attachment of the apartment of co-accused Siddhartha Sarma for two years or until further orders, citing the lack of a bank guarantee. Sarma was also required to submit a demand draft of Rs 16 lakh at the CID police station before the sealed flat could be reopened.

According to the investigating agency, Sarma is alleged to have diverted Rs 16 lakh belonging to Garg and invested it in purchasing the apartment. Special Public Prosecutor Ziaul Kamar stated that remand proceedings and the hearing on framing of charges have been scheduled for March 13 after the completion of document inspection. A separate hearing in the Mahabir Aqua matter is set for March 19.

Public Reaction and Fast-Track Court Move

Garg’s wife, Garima Saikia Garg, criticized the decision to de-freeze Mahanta’s bank account, accusing the defense of attempting to delay the proceedings by relying on technical grounds. She also stated that she had not been formally informed about the proposed fast-track court arrangement.

Earlier this week, the Assam Cabinet approved the creation of a dedicated fast-track court to handle day-to-day hearings in the case. Chief Minister Himanta Biswa Sarma announced that the state government would seek the Gauhati High Court’s approval to establish an exclusive sessions court under Section 346(1) of the Bharatiya Nyaya Sanhita to expedite the trial.

The case continues to draw significant public attention across Assam. The legal developments, including the de-freezing of Mahanta’s account and the establishment of a fast-track court, are seen as key in determining the outcome of the case. Legal experts suggest that the court’s insistence on procedural compliance may influence future rulings in similar high-profile cases.

The decision to de-freeze the account may have immediate implications for the investigation, as it could affect the availability of funds for the accused and the prosecution’s ability to pursue financial evidence. The upcoming hearings in March are expected to provide further clarity on the legal trajectory of the case.

As the trial progresses, the public and legal community are closely watching the developments, particularly the fast-track court’s role in ensuring a swift and transparent trial. The case highlights the importance of adhering to procedural safeguards in criminal investigations, even in high-profile matters.