The Supreme Court on Tuesday, 23 June issued notice to the Assam government on a bail application filed by Shyamkanu Mahanta, one of the accused in the case linked to the death of celebrated Assamese singer Zubeen Garg in Singapore last year. The matter is now expected to be taken up for hearing on 10 August, according to the court's computerised case status records.

What the Supreme Court Ordered

A Bench comprising Justice B.V. Nagarathna and Justice Joymalya Bagchi passed the notice while hearing a special leave petition (SLP) filed by Mahanta. The SLP challenges the Gauhati High Court's earlier refusal to grant him bail in the case.

The apex court's intervention marks a significant procedural development, as Mahanta has been in judicial custody for several months after being named among the accused in the case.

Why the Gauhati High Court Denied Bail

Last month, a single-judge Bench of Justice Mitali Thakuria of the Gauhati High Court rejected Mahanta's bail application, citing the gravity of the allegations and the weight of investigative material collected against him.

The High Court observed that, prima facie, there appeared to be a conspiracy involving Mahanta and other co-accused persons. It noted that the yacht party — during which Garg allegedly consumed alcohol through the night — was reportedly organised in consultation with Mahanta, who was said to have played 'an active part in the said conspiracy.'

The court further recorded that despite the singer's known medical restrictions on alcohol consumption and water-related activities, he was allegedly taken on the yacht trip without adequate medical assistance or safety arrangements.

Flight Risk and Witness Tampering Concerns

The Gauhati High Court also flagged a flight risk, noting that Mahanta had travelled to Malaysia after Garg's death and was subsequently arrested at the Delhi airport following the issuance of lookout notices. 'It cannot be out-rightly rejected that there is a flight risk of the petitioner, if he is released on bail,' the High Court said.

Justice Thakuria additionally observed that, given the large number of prosecution witnesses, the possibility of witness tampering could not be ruled out at this stage. The court held that the period of custody did not amount to prolonged incarceration, noting that a designated special court had already been constituted to conduct the trial on a day-to-day basis.

Background: The Death of Zubeen Garg

Garg died on 19 September last year while swimming near Lazarus Island in Singapore, a day before he was scheduled to perform at an event organised under the Northeast International Festival (NEIF) banner. Mahanta is known as a principal organiser of the festival.

Following the incident, a Special Investigation Team (SIT) constituted by the Assam Police's CID conducted an extensive probe and filed a chargesheet in December. The chargesheet named seven accused, including Mahanta, with four of them booked on charges of murder.

Assam Chief Minister Himanta Biswa Sarma had described the case as a 'plain and simple murder' during a discussion in the state Assembly.

India-Singapore Divergence on Findings

A parallel investigation by the Singapore Police concluded that there was no evidence of foul play in Garg's death. However, Assam authorities have maintained that the foreign agency's findings will not affect the ongoing criminal proceedings and trial being conducted in the state. The two investigations have reached divergent conclusions — a contradiction that is likely to feature prominently as the trial proceeds.

With the Supreme Court now seized of the matter, the next hearing on 10 August will be closely watched for any directions on Mahanta's continued detention.