GUWAHATI: The first hearing of the fast-track Sessions Court, set up by the Gauhati High Court for day-to-day trial proceedings in singer Zubeen Garg's death case, was held on Monday, with the counsel for arrested singer Amritprava Mahanta making a submission on her behalf.
Justice Sharmila Bhuyan heard Mahanta's lawyer, A K Bhuyan, while the counsels of two other accused, Shyamkanu Mahanta and Siddhartha Sharma, will present their cases on Tuesday.
Shyamkanu Mahanta was the chief organiser of the North East India Festival in Singapore, while Sharma was Garg's secretary.
Garg died in Singapore on September 19 last year while swimming in the sea. The 52-year-old singer had gone to the Southeast Asian nation to perform in the 4th edition of the festival.
Chief Minister Himanta Biswa Sarma had said in the state Assembly in November that Garg’s death was a case of “plain and simple murder”.
A Special Investigation Team (SIT) of Assam Police’s CID probed into the death and filed its charge sheet before a local court here in December, naming seven accused. Four of them are facing murder charges.
The hearing in the case is being held by a ''new court and in a new environment. We are happy that the hearing in the fast track court has started,'' Special Public Prosecutor Ziaul Kamar told reporters.
He said the Court took the prosecution's case details.
''We explained the entire submission made so far and the charge," he said.
Kamar said that the court will take the prosecution's response only after hearing the discharge petitions of the accused persons.
"We had already prepared our responses to the charges, and now we will get more time to collect more material," he said.
The Court also rejected the petition from Zubeen's Personal Security Officer (PSO) Nandeswar Borah, seeking his seized mobile phone back, he said.
"We objected to the petition, saying that it was a primary document and a case property. The court immediately rejected it," Kamar added.
The SIT had also filed a petition requesting that Sharma's bank account be sealed again, which the court will hear during the daily hearing.
Zubeen's wife Garima Saikia Garg said that the hearing will now be held daily and the ''defence lawyer has asked for time as they always do''.
The court has said that the hearing will be ''held daily in the morning and afternoon. So, we have hope that the proceedings will move fast with a good outcome expected soon," she said.
"We have trust and faith in the law of the land. We come to the court with a positive mind, hoping everything turns out well for Zubeen and he gets what he rightfully deserves," she said.
Garima said that Tuesday is going to be an important day as both Mahanta and Sharma's petitions will be heard.
"We are waiting to hear what their lawyers will put forward, following which the prosecution will reply. A new process has begun, and we are praying that everything turns out as expected so that Zubeen gets due justice,'' she added.
The Gauhati High Court appointed an exclusive fast-track sessions court on March 16, and the state government provided the logistical support for setting it up.
A five-member special public prosecutors’ team, headed by Kamar, had been earlier appointed by the government for the case.
Shyamkanu Mahanta, Siddharth Sharma, and Garg's band members Shekhar Jyoti Goswami and Amrit Prabha Mahanta face murder charges, while his cousin and suspended Assam Police DSP Sandipan Garg is charged with culpable homicide not amounting to murder.
Garg’s two personal security officers Nandeswar Bora and Prabin Baishya have been charged with criminal conspiracy and criminal breach of trust by misappropriating funds or property entrusted to them.
The state coroner in Singapore, however, recently found that Garg’s death was “simply due to an unfortunate and tragic accidental drowning” and that no one had forced, coerced or pushed him into the water.