‘Tarnishing Zubeen’s Legacy’: Why Assam Police’s Chargesheet Is Under Scrutiny
As the Zubeen case enters the pre-trial phase, many in Assam have been questioning the course of the investigation.
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Over a hundred days have passed since the 52-year-old singer Zubeen Garg passed away in Singapore. The Assam Police's Special Investigation Team (SIT) investigating the circumstances of the singer's death filed the purportedly massive chargesheet pertaining to his death in mid-December with the Chief Judicial Magistrate's (CJM) court, charging seven of Garg's close aides—from cousin to personal security officers—with murder and conspiracy.
But the family of the late Assamese cultural icon is still waiting to receive the sealed copy of the chargesheet. Garg's sister, Palmee Borthakur, recently told reporters in Guwahati, “We are ordinary people; we don’t know much," adding that the chargesheet would clarify who made which statements and what allegations have been filed. Only after that, legal experts would be able to weigh in.
“The family has placed its full faith in the judiciary and the government,” Borthakur said on 22 December.
The Chimeric Chargesheet
As per media reports, the main chargesheet spans over 3,500 pages with several other additional pages of evidence including digital records. Four accused—the Northeast India Festival organiser Shyamkanu Mahanta, Garg’s manager Siddharth Sharma, band mate Shekhar Jyoti Goswami, and co-singer Amritprabha Mahanta—have been charged under the Bharatiya Nyaya Sanhita (BNS) Sections 103 (murder), 3 (common intention), and 61 (criminal conspiracy).
Garg's cousin Sandipan Garg (a suspended police officer) faces culpable homicide not amounting to murder, and two of Garg’s security personnel, Nandeswar Bora and Paresh Baishya, face criminal conspiracy and breach of trust for alleged fund misappropriation.
However, only certain details and specific snippets from the chargesheet have been made public through media reports and social media "leaks." The complete, official document has not been widely released for public viewing yet.
Commenting on the chargesheet, CM Himanta Biswa Sarma told reporters that it is a “meticulously done exercise” after “prolonged investigation and a lot of hard labour.”
All seven accused appeared virtually in Guwahati's District and Sessions Court on 22 December, where trial proceedings have begun. The next hearing is set for 3 January, 2026. The case originated from 60 FIRs consolidated under CID case no.18/2025.
What We Know So Far
According to details reported by The Indian Express, the chargesheet contends Garg’s death was not accidental but the outcome of a series of acts during a yacht outing in Singapore, where he was present as a cultural ambassador for the North East India Festival.
While Singapore authorities recorded the cause of death as drowning, the Assam Police has argued that Garg was intoxicated, and was encouraged to enter the sea without a life jacket, despite medical advice from his Guwahati-based doctor cautioning him against swimming. Garg, who was epileptic, had reportedly been advised to stay away from fire and water.
The chargesheet reportedly assigns specific roles to people who were present on the yacht, including allegations of instigation, facilitation of excessive alcohol consumption and delayed rescue, while separately charging two of Garg’s personal security officers, who were not in Singapore, with criminal conspiracy and breach of trust linked to alleged financial misappropriation.
The chargesheet is said to rely on statements from 394 witnesses, including members of the Assam Association in Singapore who were present during the yacht outing.
While the case is currently in the pre-trial phase, Ziaul Kamar, a senior advocate at the Gauhati High Court, explains to The Quint that a chargesheet reflects the opinion of the investigating agency based on the material collected during the probe, and should not be conflated with evidence in a strict legal sense.
“Evidence, as understood in law, is what is ultimately produced before the court and tested during trial,” he said. Kamar emphasised that the filing of a chargesheet does not bind the court to the police’s conclusions.
At this stage, he noted, the case remains in the pre-trial phase. While the police have placed their version before the court through the chargesheet, it is now for the court to decide whether charges should be framed and under which provisions of law. “Once charges are framed, the trial begins and the recording of evidence starts,” Kamar said.
He added that a criminal case moves through distinct stages –beginning with the registration of an FIR, followed by investigation, then filing of a chargesheet, and judicial scrutiny of the materials. “The court examines whether the material placed before it is sufficient to establish a prima facie case. Only if the court is satisfied on this count will the matter proceed to trial,” he said.
He added that following the examination of prosecution witnesses and evidence, the court records the statements of the accused, hears final arguments from both sides, and then delivers its judgment, either acquitting or convicting the accused.
Political Tussle Intesifies
The chargesheet has also intensified the political slugfest over the beloved singer's death. Assam Chief Minister Himanta Biswa Sarma had previously described Garg’s death as “plain and simple murder,” saying the investigation has uncovered sufficient material to justify the charges placed before the court.
However, on 19 December, Congress MP Gaurav Gogoi strongly criticised the investigation, describing the developments as “character assassination, not justice,” and warning that the narrative emerging after the chargesheet risked tarnishing Garg’s legacy.
Several unverified details that are being purported to be from the chargesheet have circulated in sections of the local media, as well as on social media. Gogoi alleged that the manner in which the case was being pursued could amount to pressure tactics, even suggesting that the family might be subjected to coercion, a charge the government has rejected.
Garg’s sister Borthakur, too, described this as “character assassination” of the artist, urging people to avoid speculation in a social media post and allowing the judicial process to take its course.
Similar concerns have been raised by cultural figures, including actor Ravi Sarma, who has publicly questioned whether the chargesheet, as it stands, adequately explains how the crime was committed.
Speaking to The Quint, retired Inspector General of Police, Violet Baruah said:
She added that such distinctions are critical in determining whether a case ultimately meets the legal threshold for murder or whether it is culpable homicide not amounting to murder.
Questioning the handling of the early stages of the investigation, Baruah noted that in cases involving deaths abroad, investigating officers should move swiftly through the Mutual Legal Assistance Treaty (MLAT) framework to conduct a thorough on-site probe.
“Generally, the CBI is the nodal agency for such transnational investigations,” she said, adding that while Assam’s CID is equipped to investigate complex cases, agencies like the CBI routinely handle international evidence-gathering, including securing CCTV footage, fingerprints and other forensic material.
“The Assam CID did travel to Singapore during the course of the investigation and held meetings, but how effective those efforts were is not clear,” Baruah said.
The chargesheet has also set off legal skirmishes beyond the immediate accused. A senior SIT officer, Rosie Kalita, has filed a complaint with the Crime Branch against independent MLA Akhil Gogoi for allegedly circulating “unverified” excerpts of the chargesheet on social media before certified copies were made available to the parties concerned.
Despite an earlier appeal by the Lawyers’ Association urging members of the legal fraternity not to represent the accused, advocate Gabriel Sahoo appeared on behalf of accused Amritprabha Mahanta. Speaking to a local news channel, Sahoo said, “It is the right of every citizen to defend themselves, and be properly represented by a lawyer.”
(Sanskrita Bharadwaj is an independent journalist covering politics and news from Assam.)