Zubeen case: HC judge recuses from hearing Shyamkanu’s bail plea
Guwahati: Gauhati high court judge Justice Parthivjyoti Saikia recused himself from hearing the bail petition of Shyamkanu Mahanta in Zubeen Garg death case, special public prosecutor (SPP) Z Kamar said on Wednesday.
Mahanta moved the HC after the fast track court, which was set up for speedy trial of the Zubeen case, denied him bail on April 30.
Speaking to the media outside the court, the SPP said, “The judge has recused himself from the petition for some reason, which we don’t know, and directed the registry of the court to list it before an appropriate bench.”
The bail plea was listed in the court of Justice Parthivjyoti Saikia.
The SPP further said, “Judges may recuse themselves from hearing cases for various reasons, such as personal familiarity with a party involved. However, in Shaymakanu Mahanta’s bail plea, we don’t know the reason for the judge’s recusal. Let’s wait till the matter is listed before a bench.”
Mahanta, the organiser of the fourth edition of the North East India Festival in Singapore, is one of the seven accused in the Zubeen death case and has been lodged in jail since Sept last year.
Zubeen died on Sept 19 last year while swimming in the sea in Singapore. He had gone to the festival on Sept 17 and was supposed to perform at the festival on Sept 20.
The fast track court Judge Sharmila Bhuyan on April 30 set for speedy trial of singer Zubeen case on Thursday rejected the bail petition of Mahanta citing “risk of fleeing”.
The judged said Mahanta did not appear or contact Assam Police soon after the death of Zubeen and left for Malaysia from Singapore with his wife and came India when notice issued against him and Interpol was alerted and “this pointed he fled away from the place of occurrence country immediately after the incident and there appears every possibilities of his again fly away if granted bail.”
Mahanta had applied for bail before the fast track court on April 10.
Speaking to the media outside the court, the SPP said, “The judge has recused himself from the petition for some reason, which we don’t know, and directed the registry of the court to list it before an appropriate bench.”
The bail plea was listed in the court of Justice Parthivjyoti Saikia.
The SPP further said, “Judges may recuse themselves from hearing cases for various reasons, such as personal familiarity with a party involved. However, in Shaymakanu Mahanta’s bail plea, we don’t know the reason for the judge’s recusal. Let’s wait till the matter is listed before a bench.”
Mahanta, the organiser of the fourth edition of the North East India Festival in Singapore, is one of the seven accused in the Zubeen death case and has been lodged in jail since Sept last year.
Zubeen died on Sept 19 last year while swimming in the sea in Singapore. He had gone to the festival on Sept 17 and was supposed to perform at the festival on Sept 20.
The judged said Mahanta did not appear or contact Assam Police soon after the death of Zubeen and left for Malaysia from Singapore with his wife and came India when notice issued against him and Interpol was alerted and “this pointed he fled away from the place of occurrence country immediately after the incident and there appears every possibilities of his again fly away if granted bail.”
Mahanta had applied for bail before the fast track court on April 10.
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