Guwahati: A court in Guwahati on Monday ordered the de-freezing of the bank account of Shyamkanu Mahanta, one of the accused in the case linked to the death of Assam’s cultural icon Zubeen Garg.
The Court of the District and Sessions Judge observed that the account had been frozen without following mandatory safeguards under Section 107 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
The prosecution had described the lapses as technical and sought leniency.
However, the judge ruled that investigative actions must strictly follow due process, adding, "The prosecution remains free to take lawful steps under appropriate legal provisions."
In a separate direction, the court asked the prosecution to provide the defence within one week a copy of a 16 GB pen drive containing case-related material.
The court, however, rejected the defence plea seeking access to documents referred to as the “Singapore files”. It said materials relied upon by the Singapore Police do not fall within India’s criminal procedure framework.
The court also recorded that all findings collected within Assam have already been shared with the defence.
In another order, the court directed that the apartment of co-accused Siddhartha Sarma remain under attachment for two years or until further orders, citing the absence of a bank guarantee.
Sarma was further directed to deposit a demand draft of Rs 16 lakh at the CID police station as a condition for reopening the sealed flat.
Investigators have alleged that Sarma diverted Rs 16 lakh belonging to Garg and invested the amount in purchasing the apartment.
Following the hearing, Garg’s wife Garima Saikia Garg criticised the decision to de-freeze Mahanta’s bank account. She alleged that the defence was attempting to delay the proceedings on technical grounds and said she had not been formally informed about any proposed fast-track court arrangement.