The Supreme Court on Tuesday (June 23) sought a response from the Assam government while hearing a bail plea filed by Shyamkanu Mahanta, one of the accused in the case linked to the death of singer Zubeen Garg in Singapore last year.
A Bench comprising Justices BV Nagarathna and Joymalya Bagchi issued notice on Mahanta's special leave petition, which challenges the Gauhati High Court's decision to deny him bail. As per details available on the court's website, the matter is expected to be taken up again on August 10.
Gauhati High Court Had Rejected Bail
The development comes weeks after the Gauhati High Court dismissed Mahanta's bail application, citing the seriousness of the allegations and material collected during the investigation.
In its order, the High Court observed that there was prima facie evidence suggesting Mahanta's involvement in an alleged conspiracy surrounding the incident.
"Prima facie it is seen that there was a conspiracy of the petitioner along with other co-accused persons."
The court further noted that investigators had gathered material indicating that the yacht party in Singapore was organised in consultation with Mahanta and that he had played "an active part in the said conspiracy".
Allegations Highlighted by the Court
According to the prosecution's case, the late singer was allegedly supplied alcohol throughout the night and later taken on a yacht trip despite known medical restrictions related to alcohol consumption and water-based activities.
The High Court also observed that proper medical assistance and safety arrangements were allegedly not made available, despite concerns about the singer's health condition.
Another factor weighed by the court was the possibility of Mahanta fleeing if granted bail. The order noted that he had travelled to Malaysia after the incident and was later arrested at Delhi airport following the issuance of lookout notices.
"It cannot be out-rightly rejected that there is a flight risk of the petitioner, if he is released on bail,"
The court also pointed to the large number of prosecution witnesses and said the possibility of witness tampering could not be ruled out at this stage of the proceedings.
Additionally, the High Court held that Mahanta's detention could not yet be considered prolonged incarceration, noting that a special court had already been set up to conduct the trial on a day-to-day basis.
Background of the Case
Mahanta, known for organising the Northeast International Festival (NEIF), has been in judicial custody for several months after being named as one of the accused in the investigation.
The case stems from the death of singer Zubeen Garg, who died on September 19 last year while swimming near Lazarus Island in Singapore. The incident occurred a day before he was scheduled to perform at an event organised under the NEIF banner.
Following his death, the Assam Police CID formed a Special Investigation Team (SIT) to probe the matter. The investigation culminated in a chargesheet filed in December, naming seven accused individuals, including Mahanta. Four of the accused were booked on murder charges.
The case attracted significant attention after Assam Chief Minister Himanta Biswa Sarma described it as a "plain and simple murder" during a discussion in the state Assembly.
Singapore Probe Reached Different Conclusion
While the investigation in Assam continues, Singapore authorities arrived at a different conclusion. A parallel inquiry conducted by the Singapore Police reportedly found no evidence of foul play in Garg's death.
Despite that finding, Assam authorities have maintained that the conclusions of the foreign investigation will not influence the criminal proceedings currently underway in India.
With the Supreme Court now seeking the Assam government's response, the legal battle over Mahanta's bail plea is set to enter its next phase in the coming weeks.
