One-Man Commission or SIT? Who Holds the Real Power in Zubeen Garg Investigation?

In a significant turn of events in the case of the untimely demise of singer Zubeen Garg, Assam Legislative Assembly Leader of Opposition Debabrata Saikia has addressed a letter to the Chief Justice of the Gauhati High Court seeking judicial review and oversight of the investigations that are ongoing.

In his letter, Saikia raised his objections to the Assam government's Notification No. ECF-708361/4 of October 3, 2025, forming a One-Man Commission of Inquiry under the Commissions of Inquiry Act, 1952, into Garg's death at Singapore on September 19.

He noted that the formation of this commission along with the Special Investigation Team (SIT) formed by the Assam Police would lead to duplication, conflict, and procedural inefficiency in the investigation.

Saikia further pointed out that a 1952 Act Commission of Inquiry has limited fact-finding powers and cannot force witnesses or take evidence outside of Indian jurisdiction, citing precedents and provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

He further pointed out that SIT, although empowered for domestic investigations, is not vested with extraterritorial powers, hence coordination would be necessary with Singaporean authorities to secure evidence.

The opposition leader also decried leaks of sensitive investigation files to the media, which he said could compromise fairness and public confidence in the inquiry. He warned that the coexistence of the several investigative processes poses a threat to procedural entanglements and inconsistencies, compromising justice.

Under his recommendations, Saikia directed the Chief Justice to:

• Advise the Government of Assam to withdraw the One-Man Commission of Inquiry so as not to overlap with the SIT/CID investigations.
• Bring the SIT under the control of CID for ease in streamlined investigation work and to prevent duplication of efforts.
• Establish a Special Bench of the Gauhati High Court to direct the SIT/CID investigation, monitor progress, ensure procedural justice, coordinate international assistance, and receive periodic reports of progress.

Saikia argued that judicial oversight is essential to deliver checks for transparency, impartiality, and adherence to the rule of law, referring to instances such as Vineet Narain v. Union of India and the Karur stampede case. He emphasized that the supervision would secure constitutional rights under Articles 14 and 21 and maintain public trust in the investigation.

The letter adds a new dimension to the publicized case, which has already generated mass public curiosity and debate across Assam, awaiting a trustworthy and transparent investigation into the circumstances leading to Zubeen Garg's death.

Also Read: "Neither Zubeen's Family, Nor Assam Public Satisfied with SIT Probe," Says Congress