STAFF REPORTER
Guwahati: The Court of the District and Sessions Judge on Friday directed the defence counsel to inspect case documents within the court premises for three days, while reserving its orders on several crucial petitions in the Zubeen Garg case.
The direction was issued during a virtual hearing where Special Public Prosecutor Ziaul Kamar moved six applications, and the defence filed three petitions on behalf of the accused. While advocate Rajdeep Banerjee appeared for accused Shyamkanu Mahanta, advocate Anil Mishra represented Siddharth Sharma.
The first petition raised the issue of alleged non-supply of certain documents in both hard and soft copy formats. Arguing for Mahanta, Banerjee clarified that the defence was not alleging complete non-supply but contended that several materials listed in the charge sheet and seizure lists were not properly furnished.
“We have marked certain documents as ‘T-series’. The hard copies supplied are scattered and incomplete in structure, and no soft copies have been provided to the accused,” Banerjee submitted before the court.
The defence further pointed out that while seizure lists dated September 23, September 26, and October 1, 2025, were shared, the detailed contents of a seized 16GB pen drive were not supplied in cloned format. According to the defence, only a list of seized items was provided without descriptive details. Citing legal precedents, Banerjee argued that even non-relied documents should be made available to ensure a fair trial.
The prosecution countered that all documents required to be furnished had already been supplied. The Special Public Prosecutor stated that hard copies of relevant materials were provided and that certain items could not be duplicated due to technical or procedural constraints.
After hearing both sides, the Court observed that hard copies had been made available and directed that the defence inspect the physical documents within the court premises. A total of three days was granted to Banerjee for the inspection.
The second petition, filed by Mahanta’s wife, challenged the freezing of their bank accounts. The defence argued that the prosecution had not clearly quantified the alleged “tainted money” forming the basis of the freezing action. Referring to provisions of the Prevention of Money Laundering Act (PMLA), the defence contended that freezing accounts without clear computation of proceeds of crime was unsustainable.
In response, the prosecution informed the Court that only two accounts were frozen in connection with alleged cheating of receipts, while three other accounts with no incriminating evidence were not frozen. Advocate Anil Mishra, representing Siddharth Sharma, sought a detailed hearing on objections related to the issue of “tainted money” on the next date.
The third petition concerned a plea by Siddharth and one of his associates requesting that a particular plant not be seized. On the same day, the prosecution filed an application seeking seizure of the plant, which was opposed by the defence. The Court reserved its order on this matter as well.
The next date of hearing has been fixed for February 16. The proceedings will focus on objections to the applications submitted on Thursday, and orders are expected to be passed on the same day.
Outside the courtroom, advocate Apurba Sarma expressed concern over the pace of proceedings, urging more regular hearings in view of the case’s public importance. “If the matter continues at this pace, it may take 20 to 30 years for final disposal. Regular and time-bound hearings are essential in a case of such public importance,” he said.
Family members of the deceased, including Zubeen’s wife, Garima Saikia Garg, and sister, Palme Borthakur, were present during the hearing. Speaking to reporters, Garima expressed hope for a fair and speedy trial. “We are expecting a fair and expedited conclusion. The accused, if proven guilty, should receive the punishment they deserve,” she said. Palme Borthakur also called for an early resolution, stating that prolonged delays were causing confusion and emotional strain for the family.
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