‘Judicial oversight indispensable’: Assam LoP demands Gauhati HC to form special bench for Zubeen Garg probe

Assam's Leader of the Opposition, Debabrata Saikia, has written to the Chief Justice of Gauhati High Court requesting the formation of a special bench to monitor the investigation into singer Zubeen Garg's death in Singapore last month.

In a detailed letter dated October 22, Saikia raised serious concerns about overlapping investigations being conducted by multiple agencies, warning that parallel mechanisms could compromise the probe's integrity and lead to evidentiary complications.

The popular Assamese singer died in Singapore on 19 September, triggering widespread public outrage across the state. More than 60 FIRs have been registered in Assam related to misinformation and protests surrounding the case, with several arrests made.

Currently, two separate bodies are investigating the matter: a Special Investigation Team (SIT) formed on September 24 under the Assam Police Act, and a one-man Commission of Inquiry headed by Justice Soumitra Saikia, constituted on  October 3 under the Commissions of Inquiry Act, 1952.

Saikia argued that this dual approach creates "significant questions concerning constitutional propriety, institutional competence, jurisdictional limitations, and the risk of multiplicity and duplicity in the investigative process."

The opposition leader highlighted fundamental limitations in both mechanisms. He noted that commissions of inquiry lack judicial powers and cannot issue binding directions, as established in the Supreme Court's judgement in Ram Krishna Dalmia v. Justice SR Tendolkar. The 24th Law Commission Report further emphasised that such commissions operate "solely in a fact-finding and recommendatory capacity."

More critically, Saikia pointed out jurisdictional constraints for the SIT, which operates under the Assam Police Act. Since Garg died in Singapore, Indian police have no direct enforcement powers overseas. "The SIT...is empowered only for domestic investigations and lacks extraterritorial authority to conduct inquiries abroad," he wrote, citing the need for Mutual Legal Assistance Treaties or letters rogatory to access Singaporean autopsy reports, hospital records, or witness statements.

The opposition leader also raised alarm about confidential investigation materials being leaked to the media. "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 character," he stated, arguing this has undermined the probe's fairness and sanctity.

Drawing parallels with recent Supreme Court guidance in the Karur stampede case, Saikia emphasised that judicially monitored investigations are "indispensable where potential conflicts of interest arise due to executive control over investigating authorities."

He has made three specific recommendations: withdrawal of the one-man commission notification, integration of the SIT within a unified framework to eliminate overlaps with CID duties, and most importantly, constitution of a special bench of the Gauhati High Court to supervise the investigation.

The proposed special bench would monitor progress, ensure compliance with procedural safeguards under the Bharatiya Nagarik Suraksha Sanhita 2023, coordinate international assistance, and receive monthly progress reports.

Saikia invoked the precedent set in Vineet Narain v. Union of India, arguing that judicial oversight would "eliminate multiplicity, prevent duplicity, and safeguard against procedural impropriety, ensuring that no accused escapes accountability due to investigative lapses or bias."

The letter concludes by requesting the Chief Justice to review the matter and make recommendations to guide the Assam government "toward ensuring a fair, credible, and procedurally sound inquiry under judicial supervision."