Why Akhil Gogoi thinks Zubeen will ‘never get justice’: Sivasagar MLA questions legality of SIT probe, cites lapses

Sivasagar MLA Akhil Gogoi has raised serious questions about the legality and effectiveness of the ongoing investigation into the death of Assam’s music icon Zubeen Garg, claiming that the way the probe is being conducted will “never deliver justice.”

In a detailed video message shared on social media, Gogoi directly challenged the Assam Home Department and SIT head Munna Prasad Gupta, asserting that critical lapses in the legal process have made the evidence collected from Singapore inadmissible in court. 

“I challenge the Home Department and the SIT chief Munna Prasad Gupta. The way the investigation is going, Zubeen Garg will never get justice,” Gogoi said.

The Sivasagar legislator, while addressing the public and Garg’s family, said it was his duty as an MLA to question the process. 

“Being a legislator, my work is to make and implement laws, and to critique them when amendments are made. I currently have 166 cases against me, including the defamation case filed by Riniki Bhuyan. I know the law, and I’m here to tell the people and the state heads why Zubeen Garg will not get justice,” he stated.

Gogoi explained that under the Mutual Legal Assistance Treaty (MLAT) between India and Singapore, any cross-border investigation must comply with both countries’ domestic laws. 
Referring to Section 112 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), he said a “letter of request” or letter rogatory must be issued by an Indian court to the competent authority in Singapore to gather evidence, record witness statements, or obtain documents.

He alleged that the Assam government and investigating officers had bypassed this process. “The letters sent or associates visiting the country via the MHA are not eligible to gather evidence, and even if they get evidence, it won’t be admissible in the court of law,” Gogoi claimed. 

He said he had consulted legal experts who confirmed that evidence collected without a proper letter rogatory would not stand in court.

To support his claim, Gogoi cited the 2002 judgment related to former Tamil Nadu Chief Minister J. Jayalalithaa’s corruption case, where the court ruled that using evidence collected in violation of letters rogatory would render a trial unfair and the evidence inadmissible. 

He added that while some may argue that India’s MLAT with Singapore was signed in 2005 — after that ruling — the principle still applies, as the earlier case referred to  J. Jayalalithaa involved the UK, with which India had an MLAT since 1995.

“I think after this, no one can question my stance,” Gogoi said, adding that he had personally discussed the issue with Chief Minister Himanta Biswa Sarma. 

“The Assam Home Department, with the help of the MHA, went directly to Singapore. But the way they went, Singapore will never provide any information or evidence,” he said.

Gogoi also drew a comparison with the Louis Berger scam, in which the US-based company was accused of bribing officials in Assam to secure a water project contract. 

“In that case, when India sought evidence from the American court, they said it could only be shared via MLAT and through letters rogatory. Only after that did the Indian court issue the necessary letters,” he pointed out.

Also Read: Singapore sends Zubeen Garg’s post-mortem report to Assam SIT; chargesheet likely by December 17

Criticising the SIT’s work, Gogoi said, “Our SIT head Munna Prasad came back from Singapore with a big zero. They claim to have brought back the final post-mortem and toxicology reports. When a person dies abroad, the country of occurrence must send those reports to the family — which cannot be called evidence. It becomes legal evidence only when it comes through a proper court process, and the person who conducted the post-mortem must appear before the court.”

He warned that unless the SIT obtains evidence, witness statements, and documents via letters rogatory, the entire chargesheet could collapse. “If this is not done, all accused in judicial custody will get bail even before charges are framed. And if charges are somehow framed, the court will reject them in the first trial itself. Even if a murder charge is included, nothing will happen,” Gogoi asserted.

“I guarantee you that Zubeen Garg will not get justice unless, under BNSS Section 112, an Indian court submits a duly signed letter of request to the Singapore court or competent authority,” he concluded.

Meanwhile, Chief Minister Himanta Biswa Sarma on October 31 confirmed that the Special Investigation Team (SIT) probing Garg’s death has made “substantial progress” and will file the chargesheet within the 90-day deadline. “When our SIT visited Singapore, the authorities there had assured full cooperation. Today, they have formally sent the post-mortem and toxicology reports, along with guidelines under the Mutual Legal Assistance Treaty (MLAT),” Sarma told reporters.

The 52-year-old singer and composer died while swimming in the sea in Singapore on September 19. The 10-member SIT has so far arrested seven individuals, all currently in judicial custody.

Sarma, who also holds the Home portfolio, expressed confidence in the probe. “The SIT is absolutely confident about ensuring justice for Zubeen. When it submits the chargesheet by December 17, people will appreciate their work,” he said, reaffirming that the state government remains committed to a thorough investigation while continuing to focus on other key issues.