Assam News: Leader of the Opposition (LoP) in the Assam Assembly, Debabrata Saikia, has appealed to the Guwahati High Court to direct the state government to dissolve the one-member judicial commission formed to investigate the death of singer Zubin Garg. Saikia argues that the commission conflicts with the ongoing investigation by the Special Investigation Team (SIT) under the Criminal Investigation Department (CID) of the state police, and that a parallel investigation could lead to confusion, delays, and evidentiary complications in the case. He has written a detailed letter to the Chief Justice of the Guwahati High Court, suggesting the formation of a Special Bench to oversee the investigation into Zubin Garg’s death.
Fear of Conflict Between the SIT Investigation and the Judicial Commission
Following the untimely death of Zubin Garg, more than 60 FIRs were registered across the state, following which the Assam government formed a nine-member SIT under the CID. The government also constituted a one-member judicial commission headed by High Court Justice Soumitra Saikia. Saikia argues that this dual investigation will not only create confusion but is also legally and technically unjustified. In his letter, he wrote, “The state government should be advised to disband the one-member commission, as its continuation parallel to the SIT investigation could lead to conflict and delays.”
Debabrata Saikia suggested that since most of the SIT officers are drawn from the CID, they should be integrated into a unified structure to enhance coordination and improve efficiency. He proposed that a special bench of the Gauhati High Court monitor the SIT investigation to ensure fairness and transparency.
Jurisdiction Issues in International Investigations
Saikia also noted in his letter that the SIT lacks the authority to conduct international investigations, as the Assam Police Act does not grant the state police the power to investigate in foreign jurisdictions. He wrote, “Indian police, including the SIT, do not have the power to conduct direct enforcement in foreign countries. Actions such as obtaining post-mortem reports conducted in Singapore, hospital records, or questioning foreign witnesses are only possible through the central government or the CBI through Mutual Legal Assistance Treaties (MLAT) or through Letters Rogatory under Section 186 of the BNSS.” He described this limited jurisdiction as a major challenge to the investigation.
Demand for a Transparent and Judicially Monitored Investigation
The Congress leader also expressed concern that confidential information related to Zubin Garg’s death is being leaked to the media, raising questions about the impartiality and credibility of the investigation. He wrote that “the leakage of personal and confidential information related to the case has adversely affected the dignity of the investigation and the judicial process.” He appealed to the High Court to monitor the case and restore transparency and public confidence.
Saikia argued that a judicially monitored investigation would not only ensure fairness of the process but also ensure that no accused escapes punishment. He said, “This model will strengthen the guarantee of judicial equality and the right to life enshrined in Articles 14 and 21 of the Constitution.” He concluded by urging the High Court to issue appropriate directions to the State Government to ensure that the investigation into Zubin Garg’s death is completed in a judicially monitored, impartial, and transparent process.
