New Delhi: The Supreme Court on Tuesday issued notice to the Assam government on a bail plea filed by Shyamkanu Mahanta, one of the accused in the high-profile case relating to the death of singer Zubeen Garg in Singapore last year.
A Bench of Justices B.V. Nagarathna and Joymalya Bagchi passed the order while hearing a special leave petition (SLP) filed by Mahanta challenging the Gauhati High Court’s refusal to grant him bail in the case.
The apex court sought a response from the Assam government, and according to the computerised case status available on the official website, the matter is likely to be listed on August 10.
Last month, the Gauhati High Court rejected Mahanta’s bail plea, observing that the allegations against him were serious and that the investigation had collected material indicating his active involvement in the alleged conspiracy.
Rejecting the bail application, a single judge Bench of Justice Mitali Thakuria said that despite being aware of the health condition of the deceased singer, there were allegedly no proper safety arrangements or medical facilities provided for him.
“Prima facie it is seen that there was a conspiracy of the petitioner along with other co-accused persons,” the Gauhati High Court had observed, adding that the materials collected during the investigation indicated that the yacht party was organised with Mahanta’s consultation and that he had played “an active part in the said conspiracy”.
The order further recorded that the prosecution case suggested that the singer was allegedly supplied alcohol throughout the night and taken for the yacht trip without medical assistance despite restrictions on alcohol consumption and exposure to water-related activities because of his medical condition.
It also expressed concern over the possibility of Mahanta absconding if released on bail, stating that he had travelled to Malaysia after the incident and was later arrested at the Delhi airport after lookout notices were issued.
“It cannot be out-rightly rejected that there is a flight risk of the petitioner, if he is released on bail,” the Gauhati High Court said.
Referring to the large number of witnesses cited by the prosecution, Justice Thakuria also observed that the possibility of witness tampering could not be ruled out at the present stage.
The Gauhati High Court held that the period of detention could not be treated as prolonged incarceration and that a designated special court had already been constituted to conduct the trial on a day-to-day basis.
Mahanta, known as the organiser of the popular Northeast festival, has been lodged in jail for the past several months after being named as one of the accused in the case linked to the death investigation concerning Zubeen Garg.
The case pertains to the death of Zubeen Garg, who died on September 19 last year while swimming near Lazarus Island in Singapore, a day before he was scheduled to perform at an event organised under the Northeast International Festival (NEIF) banner.
Following the incident, a Special Investigation Team (SIT) constituted by the Assam Police’s CID conducted an extensive probe and filed a chargesheet in December.
The chargesheet named seven accused people, including Mahanta. Four of them have been booked on charges of murder.
Earlier, Assam Chief Minister Himanta Biswa Sarma had described the case as a “plain and simple murder” during a discussion in the state Assembly.
Meanwhile, a parallel probe conducted by the Singapore Police concluded that there was no evidence of foul play in Garg’s death.
However, Assam authorities have maintained that the findings of the foreign investigation will not affect the ongoing criminal proceedings and trial in the state.
(IANS)
