‘One killed Zubeen, others assisted’: CM during adjournment motion in Assembly

Guwahati, Nov 25: Citing cultural icon Zubeen Garg’s death as an “irreparable loss” for Assam, Chief Minister Himanta Biswa Sarma, on Tuesday, declared that the artiste’s death was a case of murder, as the Assembly took up the adjournment motion on the opening day of the five-day winter session.

Speaking in the House, Sarma said the government had termed it murder from the third day of the Special Investigation Team’s (SIT) probe, which began on September 23.

“It’s a plain and simple case of murder from Day 3. All accused are under BNS Sections 61, 105 and 106, and the government urged the Gauhati High Court to add Section 103 (former IPC 302). Preliminary investigation assured that it was not negligence and it’s a plain murder. If we did not add 103, then all accused would have been out on bail,” he told the Assembly.

Sarma said the final verdict would come from the Court but asserted confidence in the SIT’s findings.

“We have found many things that no one else in the state knew. The term ‘murder’ is on record. I have taken permission today, and one has killed while a few others have assisted,” he said, adding that the inquiry would be expanded even after filing the charge sheet to ensure everyone responsible is brought into custody.

Earlier, the Chief Minister listed the measures taken by the Assam government following the artiste’s death.

“We accepted all the demands—be it for a second post-mortem at Guwahati Medical College and Hospital, with an AIIMS Guwahati doctor also part of the committee. On October 10, the viscera sample was sent for toxicological examination. The GMCH post-mortem was received on October 3, and the final report on October 5,” he said.

Sarma informed the House that witness examination and investigation into the motive had progressed, adding that seven people had been arrested.

He noted that the Ministry of External Affairs and the High Commissioner in Singapore were involved in securing documents from abroad. “Assam Police visited Singapore on October 21 and on November 13, we received documents from Singapore through diplomatic channels,” he said.

He added that digital forensic examinations were underway, with findings forming part of the case diary under provisions of the Bharatiya Nagarik Suraksha Sanhita (BNSS), Bharatiya Nyaya Sanhita (BNS) and Bharatiya Sakshya Adhiniyam (BSS).

Explaining the legal framework, Sarma said BNSS Section 208 allows an offence committed on foreign soil to be treated as if it were committed in India, making a case registrable here after obtaining prior sanction from the Centre.

He said the SIT had convinced the Ministry of Home Affairs on November 18, clearing the way for the charge sheet under BNS Section 103.

“On December 8, we will submit the charge sheet with all evidence and documents. We will urge the High Court to designate a judge for fast-track proceedings. A special public prosecutor will be appointed,” Sarma said, adding that a “fool-proof inquiry” had been carried out.

“Otherwise, the Home Ministry would not have approved it. We have confidence in the quality of the enquiry conducted by the SIT,” he added.

Referring to a petition filed by accused Shyamkanu Mahanta seeking a CBI probe, Sarma said the plea was based on distrust in the Chief Minister.

He alleged that the Opposition was defending the accused and referred to issues relating to transit remand and the use of evidence secured through diplomatic channels under Section 77F of the Indian Evidence Act.

The Chief Minister also said the proposal to confer the Bharat Ratna posthumously on Garg should not be dealt with through an adjournment motion. He suggested that all MLAs sign the proposal and dedicate a full day in the Assembly to discuss Garg’s body of work.

Meanwhile, during the discussion, Sivasagar MLA Akhil Gogoi was suspended from the House by Speaker Biswajit Daimary for interrupting the proceedings.