From Shyamkanu’s Arrest Under MLAT And Bringing Him To Court— The Possible Details

What CID team will do in Singapore?

Procedural Sequence under MLAT

1. Formal Reception of the CID Team

•    The Government of Singapore, upon approval of India’s MLAT request, officially receives the Assam CID team.
•    The team’s mandate is limited to evidence collection and cooperation; it does not extend to exercising independent police powers in Singapore.

2. Evidence Sharing

•    Singapore authorities are obliged under MLAT to share all evidence they have lawfully collected, including forensic reports, medical findings, post-mortem, witness statements, and investigation records.

3. Supplementary Evidence Collection

•    The CID team may request access to hotel surveillance cameras, late-evening party details, and associated digital/electronic records.
•    Such requests are subject to Singaporean law and must be routed through the designated MLAT authority.

4. Examination of Witnesses

•    The CID may request questioning of hotel staff and other individuals relevant to the case.
•    They may also request supplementary interrogation of yacht passengers, notwithstanding the statements already recorded by Singapore Police.

5. Classification of the Case

•    A key issue is whether Singapore Police have registered the matter as a simple case of drowning or under a different penal provision (e.g., culpable negligence).
•    This classification determines the scope of evidence sharing and further cooperation.

Legal Limitations of MLAT

6. Non-applicability to Arrests

•    MLAT does not provide for the arrest of individuals located in Singapore.
•    For example, Mr. Shyamkanu Mahanta cannot be arrested under MLAT as he was not at the accident site and is not under investigation by Singapore Police.\

7. Contact with Named Individuals

•    The CID team may formally contact or be contacted by Mr. Shyamkanu Mahanta.
•    He may be requested to accompany the CID to New Delhi voluntarily; this is not an arrest under Singapore law.

Extradition vs. Voluntary Accompaniment

8. Arrest Abroad Requires Extradition

•    If arrest in Singapore were sought, it would require a separate extradition request, which is a long-drawn judicial and diplomatic process.

9. Voluntary Return and Arrest in India

•    Should Mr. Mahanta travel with the CID team to India voluntarily, his formal arrest can occur only upon arrival at New Delhi Airport.
•    The Delhi Police would then take custody for transit remand, pending transfer to Assam.

Custody and Court Procedure

10. Security Measures

•    Due to grave personal threats, the accused may be taken to an undisclosed safe location, potentially outside Assam.
•    However, the State may release visual material (e.g., handcuffing, escort videos) to create a perception of strong action.

11. Judicial Production

•    The next mandatory stage is production before a court of law.
•    The format (virtual vs. physical production) remains undecided; physical production poses major security and logistical challenges.

12. Logistical Concerns

•    Movement within Assam carries a risk of mass backlash, akin to regional unrest in comparable past events (e.g., Nepal precedents).
•    Assam Police are exploring modalities for handling this within 72 hours. Agartala has been internally discussed as a safer custodial option.

Parallel Developments

13. Co-accused Scenario

•    Mr. Sidhartha is also expected to surrender to Assam Police at New Delhi on a designated date, tentatively around Thursday.
•    His custody would follow similar procedures of arrest at point of entry and transit remand.

Also Read: Assam’s Zubeen Garg Case Goes International—What’s Next?