Assam LoP Urges Gauhati HC to Abolish One-Man Judicial Commission in Zubeen Garg's Death Case

PTI, GUWAHATI, OCT 22, 2025 :  Leader of the Opposition in Assam Assembly, Debabrata Saikia, on Wednesday urged the Gauhati High Court to direct the state government to abolish the one-man judicial commission set up to probe the death of Zubeen Garg, as it contradicts several aspects of the ongoing investigation by the SIT.

In a letter to the Chief Justice of the Gauhati High Court, the senior Congress leader also demanded the formation of a Special Bench to supervise and monitor the investigation being carried out by a nine-member SIT.

A Special Investigation Team (SIT) under the Criminal Investigation Department (CID) of Assam Police is currently probing Garg's unnatural death case after more than 60 FIRs were lodged across the state. Subsequently, the Assam government set up a one-man judicial commission, headed by Justice Soumitra Saikia of the Gauhati High Court, to probe the mysterious death of the singer-lyricist-composer.

Saikia said in his letter, "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."

He further added that since the SIT was formed with officers mostly from the CID wing, it could be subsumed under a unified framework to eliminate overlaps with CID duties.

"A Special Bench of the Hon'ble Gauhati High Court may be constituted to supervise and monitor the investigation being carried out by the SIT/CID into the unfortunate demise of Zubeen Garg, in the interest of justice," the LoP said. The special bench may be empowered to monitor the progress of investigations, issue suitable 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.

"This model would eliminate multiplicity, prevent duplicity, and safeguard against procedural impropriety, ensuring that no accused escapes accountability due to investigative lapses or bias," Saikia stressed in his letter.

Saikia also questioned the legitimacy and powers of the one-man judicial commission, stating that its terms of reference mirror the SIT's criminal probe, which would inevitably lead to conflicts and delays. "As a single-member body, it lacks the diverse expertise for a multifaceted international case and operates without inherent police powers, relying on advisory recommendations that cannot bind investigative agencies," he added.

The Congress leader also pointed out that the SIT, led by CID Special DGP Munna Prasad Gupta, is empowered only for domestic investigations and lacks extraterritorial authority to conduct a probe abroad, such as in Singapore, without reliance on Mutual Legal Assistance Treaty (MLAT) or letters rogatory under BNSS Section 186.

"Indian police, including SITs, have no direct enforcement powers overseas. This jurisdictional void under the Assam Police Act renders the SIT powerless for core aspects of an international investigation, such as accessing Singaporean autopsy reports, hospital records, or compelling foreign witnesses, necessitating coordination through central authorities like the Ministry of Home Affairs or CBI," he explained.

Saikia also informed the high court that multiple and conflicting reports relating to the ongoing investigation have been selectively and improperly leaked to the media, including materials of a confidential and personal nature. "These leaks have undermined the confidentiality, fairness, and sanctity of the investigation into the unfortunate demise of Zubeen Garg," he added.