Zubeen Garg Death Case: Court Orders De-freezing of Shyamkanu Mahanta's Bank Accounts

The District & Sessions Court, Kamrup (Metropolitan), has ordered the de-freezing of bank accounts and credit cards belonging to Shyamkanu Mahanta, one of the accused in the unnatural death case of celebrated Assamese singer Zubeen Garg — citing procedural lapses by the investigating agency. 

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Mahanta's counsel had filed petition No. 24/2026, seeking the de-freezing of six savings accounts — three with HDFC Bank, and one each with ICICI Bank, Yes Bank, and Standard Chartered Bank. Two credit card facilities at HDFC Bank and ICICI Bank, along with a current account held by Trend MMS Trust at HDFC Bank, were also frozen.

The defence argued that no proceeds of crime had been credited, routed, or transacted through any of these accounts, and that keeping them frozen served no lawful purpose. The prolonged freeze, it was submitted, had caused severe financial hardship to Mahanta and his family.

The Special Public Prosecutor opposed the petition, calling it misconceived, premature, and not maintainable at this stage.

However, the court found that the investigating agency had failed on two critical counts: it did not report the account freezing to the Jurisdictional Magistrate as required under Section 106(3) of the BNSS, and it did not obtain prior approval from the Magistrate under Section 107 of the BNSS before freezing the accounts.

"The Investigating Agency did not follow the laid-down procedure of freezing bank accounts," the court noted, allowing Mahanta's petition.

The court also clarified that the parallel investigation being conducted by the Enforcement Directorate under the Prevention of Money Laundering Act (PMLA) is entirely separate and has no bearing on this case.

In a separate development in the same case, the court allowed a petition filed by the Chief Investigating Officer of the SIT, CID, seeking the attachment of a residential flat belonging to prime accused Siddharth Sharma.

The flat — Flat No. 3A, Orchid Hill 2 View, under Fatasil Ambari Police Station — is alleged to have been purchased using money misappropriated from the late Zubeen Garg.

The court observed that it was prima facie satisfied that approximately Rs. 16 lakh invested in purchasing the flat constitutes proceeds of crime. The attachment order will remain in place until Sharma furnishes a bank guarantee of Rs. 16 lakh in favour of the Officer-in-Charge of CID Police Station, Assam.

The court has fixed March 19 for consideration of the charge hearing.

Zubeen Garg's wife, Garima Saikia Garg, who was present in court along with the singer's sister, Palme Barthakur, expressed disappointment over the de-freezing order.

"It is sad that the bank account is being opened due to legal technicalities. A similar thing happened previously with Mahabir Aqua. We urge the police to be more cautious so that such lapses do not recur," she said, describing the development as "unfortunate."