Editorial

Zubeen Death Probe

Even as the people of Assam have been demanding justice in the death of music icon Zubeen Garg under mysterious circumstances in Singapore on September 20

Sentinel Digital Desk

Even as the people of Assam have been demanding justice in the death of music icon Zubeen Garg under mysterious circumstances in Singapore on September 20, at least three agencies are presently at work to get to the root cause of the incident. The Special Investigation Team (SIT), constituted by the Government of Assam on September 24, has already arrested seven persons in this connection. On October 3, the Government of Assam constituted a one-man Judicial Commission headed by Gauhati High Court judge Justice Saumitra Saikia to probe into the facts and circumstances leading to the death of the singer. The Commission on October 17 issued a notice seeking public statements by way of affidavits with supporting documents. The Singapore Police, which too is carrying out an investigation into the incident, on October 17, said it would require three more months to wind up its investigation. While there is a defined procedure and time frame for conducting an investigation, whether by the police or a commission of inquiry, the judicial procedure also has its own time frame for hearing the matter after a particular case or matter is placed before a court of law and admitted, following which trial begins. Again, the process of trial may proceed in three steps – the sessions court, the High Court, and if needed, the Supreme Court. The law of the land specifically provides a 90-day window to the police in completing its investigation into any criminal case, within which it is required to prepare a detailed charge sheet to be placed before the court of law on expiry of the 90-day deadline. The law or procedure cannot change under any circumstances and would require an amendment to the particular law itself for effecting a change in the time frame and procedure. Looking back at records, one will find that in the Mahatma Gandhi assassination case, which was taken up with utmost urgency, it took a little over a year for the trial to be completed and the judgement delivered. While the Mahatma was assassinated on January 30, 1948, the judgement was pronounced by a Special Court on February 10, 1949. The appeals process, on the other hand, was resolved nine months after that, and the executions were carried out in November 1949. Again, while Indira Gandhi was assassinated on October 30, 1984, the first judgement by a Special Court was issued on January 22, 1986, awarding a death sentence to Satwant Singh, Kehar Singh, and Balbir Singh. The accused appealed in the Delhi High Court, which passed its order upholding the death sentences in December 1986. The Supreme Court, on the other hand, issued its judgement on August 3, 1988, in which it upheld the death sentence for Satwant Singh and Kehar Singh but acquitted Balbir Singh. There is no mechanism or procedure in the law for instant justice, and every case is bound to go through the existing and defined procedure and system. Even a fast-track court takes its own time and cannot in any way deliver instant justice. In the matter of Zubeen Garg, since his wife has been demanding justice within a few days, the Government of Assam has reportedly indicated that it would consider setting up a Fast Track Court to expedite the process of investigation and trial. Important to note, the setting up of Fast Track Courts and its functioning lies within the domain of the State Governments in consultation with the respective High Courts. As far as the one-man Commission headed by Justice Saikia is concerned, it will examine the sequence of events preceding and following Garg’s death and determine whether any lapses, negligence, or acts of omission or commission occurred on the part of any individual, authority, or institution. The Saikia Commission will be able to deliver the best report only after carrying out a thorough investigation of the circumstances, sequence of events, and potential external factors, including negligence or foul play, in the matter of Zubeen Garg’s death. Acting according to the procedures laid down in the law, the Justice Saikia Commission on Friday issued a public notice inviting individuals to record statements or submit evidence related to the case between November 3 and 21. A number of individuals have, in the past month, made various kinds of allegations in connection with the Zubeen Garg death case. It is now for those individuals to submit their statements, along with solid evidence and with knowledge of facts and circumstances surrounding the incident, before the Commission, so that the culprits can be given the appropriate kind of punishment as defined by the law. It may be recalled that all the culprits involved in the gruesome murder of journalist-cum-activist Parag Kumar Das (which took place on May 17, 1996) went scot-free despite a long legal process simply because of a lack of solid evidence and witnesses.