Assam: Court unfreezes Shyamkanu Mahanta's bank account, pulls up SIT over lapses

The Kamrup Metropolitan District and Sessions Court on Monday, March 2, ordered the unfreezing of the bank account of accused Shyamkanu Mahanta, pulling up the prosecution for procedural lapses and non-compliance with statutory provisions amid the ongoing probe into Zubeen Garg's death case.

During the hearing, the court observed that the prosecution failed to adhere to due procedure while freezing Mahanta’s bank account and did not comply with Section 107 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). Citing these legal inconsistencies, the court directed that the account be restored with immediate effect.

The order underscores the judiciary’s insistence on strict adherence to procedural safeguards, even in cases involving serious financial allegations.

The matter of procuring documents from Singapore in connection with accused Siddharth Sharma also came up during the proceedings. The court noted that investigating authorities had already obtained and submitted several documents from Singapore along with the chargesheet.

However, it clarified that under the BNSS, it does not possess the authority to directly summon documents from a foreign jurisdiction. Should additional records be required, the appropriate channel would be for the Government of India to initiate a formal request through diplomatic or legal mechanisms.

The case linked to Mahavir Aqua, a packaged drinking water company jointly owned by Siddharth Sharma and his business partner Chetan Dhirachariya, is scheduled for further hearing on March 19 — which will also mark the next date in the main case.

According to the police report, Sharma allegedly invested ₹1.1 crore in Mahavir Aqua. Investigators claim that during interrogation, he admitted the funds were sourced from money allegedly embezzled from Zubeen Garg’s income.

In a related directive, the court ruled that Sharma must deposit a bank demand draft of ₹16 lakh at the CID police station if he seeks to have his seized flat reopened. Police have alleged that Sharma misappropriated ₹16 lakh belonging to Garg and used the amount to purchase the property.

Reacting to the developments, Garima Saikia Garg stated that the family had not been kept informed about the progress of proceedings in the fast-track court and remained unaware of the current status of the case. She described the order to unfreeze Shyamkanu Mahanta’s bank account as “disappointing.”

She further pointed out that in the Mahavir Aqua matter as well, a similar relief order had earlier been granted due to procedural irregularities.

With the next hearing fixed for March 19, the case continues to draw attention amid allegations of financial misconduct, cross-border documentation issues, and repeated scrutiny over investigative procedures.