Guwahati: A district and sessions judge in Guwahati on Monday ordered the de-freezing of bank accounts and credit cards belonging to Shyamkanu Mahanta, an accused in the Zubeen Garg death case, citing investigators’ failure to follow mandatory safeguards under the Bharatiya Nagarik Suraksha Sanhita (BNSS).The court said the investigating agency did not report the freezing of the accounts to the jurisdictional magistrate as required under the BNSS and also did not obtain prior approval. “Before freezing the bank accounts, the investigating agency also did not take approval of the jurisdictional magistrate under provisions of BNSS. The investigating agency did not follow the laid down procedure of freezing of bank accounts,” sessions judge G Baruah said in the order.Allowing Mahanta’s application, the judge said “the prayer of the accused Shyamkanu Mahanta to de-freeze the accounts/credit cards is allowed” and the “investigating agency is directed to de-freeze the bank accounts/credit cards”.The prosecution termed the lapses technical and urged the court to overlook them, but the judge held that investigative steps must comply with due process, adding that the prosecution could pursue lawful recourse if supported by appropriate legal provisions.The court also directed the prosecution to provide the defence within a week a copy of a 16 GB pen drive containing case-related material.However, the court rejected the defence plea seeking access to documents including the inquest report, death investigation findings, medical examiner, complete Coroners Report and related materials prepared by Singapore Police authorities. The court held that materials relied upon by Singapore Police did not fall within the ambit of India’s criminal procedure framework and recorded that all findings collected in Assam had already been shared with the defence.In a separate 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 also directed to submit a demand draft of Rs 16 lakh at the CID police station as a precondition for reopening the sealed flat.Special public prosecutor Ziaul Kamar said remand proceedings and the hearing on framing of charges have been scheduled for March 13 after completion of document inspection. A separate hearing in the Mahabir Aqua matter has been fixed for March 19.Earlier this week, the state cabinet approved the creation of a dedicated fast-track court for day-to-day hearings in the case. CM Himanta Biswa Sarma said the state govt would approach the Gauhati high court to constitute a fast-track court to expedite the trial.
