STAFF REPORTER
GUWAHATI: Leader of the Opposition in the Assam Legislative Assembly (ALA), Debabrata Saikia, has written to the Chief Justice of the Gauhati High Court (GHC) urging judicial intervention and supervision in the investigation into the death of renowned singer Zubeen Garg, who passed away in Singapore on September 19, 2025.
In a detailed letter addressed to the Chief Justice, Saikia questioned the legality, propriety, and effectiveness of the Assam Government’s notification on October 3, 2025, which constituted a One-Man Commission of Inquiry under the Commissions of Inquiry Act, 1952, to probe the circumstances surrounding Garg’s death.
Saikia argued the Chief Justice that the formation of this Commission, headed by Justice Soumitra Saikia, overlaps with and potentially conflicts with the Special Investigation Team (SIT) and the Criminal Investigation Department (CID) inquiry already underway. He said such duplication could lead to “confusion, delay, and evidentiary inconsistencies,” undermining the fairness of the probe. “The constitution of multiple bodies with overlapping jurisdiction raises serious questions of constitutional propriety and procedural competence,” Saikia wrote, adding that the 1952 Act does not empower the Commission with judicial or enforcement authority, especially in an international context such as this. Citing several legal precedents, Saikia emphasized that a Commission of Inquiry is fact-finding in nature and cannot compel witnesses or gather evidence beyond Indian borders.
He noted that since the death occurred in Singapore, only central agencies such as the CBI or CID, with assistance from the Ministry of Home Affairs (MHA), could lawfully pursue international cooperation through Mutual Legal Assistance Treaties (MLATs) or letters rogatory.
The Congress leader further alleged that media leaks of confidential investigation materials have compromised the integrity of the probe and could prejudice the outcome.
In his letter, Saikia placed three key recommendations before the Chief Justice:
(I) Withdrawal of the state government’s notification constituting the One-Man Inquiry Commission.
(II) Unification of the SIT and CID investigations under a single framework to avoid jurisdictional overlap.
(III) Constitution of a Special Bench of the Gauhati High Court to supervise and monitor the ongoing investigation into Garg’s death.
He proposed that this Special Bench be empowered to oversee the progress of the probe, issue directions ensuring compliance with the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, and facilitate coordination with foreign authorities when necessary.
“A judicially monitored investigation, as adopted in the Vineet Narain v. Union of India case, would reinforce public confidence and ensure procedural fairness,” Saikia stated. Saikia’s appeal follows mounting public pressure and widespread concern over the handling of the case, which has already triggered over 60 FIRs in Assam, linked to misinformation, protests, and unrest following the singer’s untimely demise. The letter concludes with a respectful plea to the Chief Justice to guide the Assam Government toward ensuring a “fair, credible, and procedurally sound” investigation under judicial supervision, in the interest of justice and public trust.
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