Discourses From the East
I couldn’t help recalling a story from my university days when the BJP rallied across Assam demanding justice for Zubeen Garg. One of our friends had told this story during a night adda at our hostel.
In a newly developing mofussil town, a rich man built a palatial mansion on land that was once a paddy field. A small stream used to flow through that field into a nearby rivulet. The man, socially, economically, and politically influential, blocked the stream to build his mansion. The following monsoon, rainwater had nowhere to drain, flooding nearby farmland and making cultivation impossible. Everyone knew the reason, but no one dared tell the man that his construction had blocked the natural water flow, ruining the farmers’ livelihood. The humble villagers lacked the courage to approach the administration. Eventually, word reached the rich man. When he heard that the waterlogging had destroyed cultivation, he visited the village and said, “We will soon take up the issue with the authorities and resolve it. If needed, we will even launch an agitation.” None of the villagers dared tell him, “It is your mansion that caused the flooding. If you release the stream, everything will return to normal.”
Now that the investigation into Zubeen Garg’s death is being investigated by a SIT constituted by the Department of Home, Assam under the current Chief Minister, the BJP rallying on the streets demanding justice reminds me of that story.
Organized by the Nalbari unit, the BJP held a “massive rally” through the heart of Nalbari town, carrying placards and shouting slogans such as “I am also a Zubeen fan, We are also Zubeen fans.” (Their original slogan, “I am Zubeen, We are also Zubeen” was changed after public criticism.) Since then, several BJP rallies have been organised across Assam, all demanding justice for Zubeen Garg. They also shouted “Our Zubeen, Dear Zubeen,” “Court, give us justice,” “Justice for Zubeen Garg,” “Expedite the investigation,” and “Make the SIT chargesheet watertight,” waving BJP flags.
Union Minister of State for External Affairs, Pabitra Margherita, Assam Ministers Chandramohan Patowary and Jayanta Malla Baruah, and BJP Assam State President Dilip Saikia joined the procession. At the rally, Jayanta Malla Baruah said, “In the past few days, we have only seen politically motivated people. Today, real fans of Zubeen have come out.”
Now, a few questions arise.
1. When Jayanta Malla Baruah said “real fans” had finally come out, did he not insult the millions who had gathered spontaneously across the state to mourn Zubeen Garg’s death? If BJP cadres were demanding justice, why were they simultaneously shouting slogans about progress and development under Himanta Biswa Sarma’s leadership? On one hand, the BJP accused others of politicizing the death; on the other, their own slogans were political. Why this contradiction?
2. If Zubeen Garg was indeed murdered, who is responsible for the delay and irregularities in the investigation? The Home Ministry, headed by the Chief Minister, oversees it. Why then did Minister Chandramohan Patowary demand transparency? Does this mean the investigation has been careless or rushed? BJP President Dilip Saikia demanded a quick and watertight chargesheet so the accused cannot escape through legal loopholes. But who is responsible for ensuring this if not the police and the SIT formed by the Assam government? If the team fails, the Home Department must take responsibility.
According to Article 164(2) of the Indian Constitution, “the council of ministers shall be collectively responsible to the Legislative Assembly of the State.” If opposition parties question the transparency or speed of the probe, they are exercising a constitutional right. If due process was followed, why did cabinet ministers themselves take to the streets demanding justice?
3. The BJP also raised slogans demanding “justice from the court.” But for a court to deliver justice, the investigation must first be completed and its report submitted. During any ongoing investigation, evidence and details are withheld from the public to prevent tampering. Ministers and officials must also avoid public statements to ensure fairness. Why, then, demand “justice from the court” before the investigation is complete? Or is the BJP itself dissatisfied with how the Assam government is handling the case? If so, it can legally approach the court for an independent probe.
4. Finally, at the rally, Union Minister of External Affairs Pabitra Margherita said, “We have full faith in the judiciary. A fast-track court should be set up to uncover the truth and punish the guilty.” However, the power to establish fast-track courts lies entirely with the state government, which must consult the Chief Justice of the High Court. If the Assam government can already create such a court, why didn’t the BJP demand it from its own government? What purpose does street protest serve?
On 21 March this year, MP Arvind Ganpat Sawant asked a parliamentary question regarding fast-track courts. Law Minister Arjun Ram Meghwal replied that “setting up of subordinate courts, including Fast Track Courts, and their functioning falls within the domain of State/UT Governments in consultation with their respective High Courts.” He added that states can allocate funds as needed and that the 14th Finance Commission had recommended 1,800 such courts between 2015–2020 for speedy trials of serious crimes, women’s and children’s cases, property disputes, and others. The Union Government had urged states to allocate funds accordingly.
Thus, there is no need for rallies to demand fast-track courts. If the Assam government truly wishes, it can constitute one immediately. The question remains—will it set up a fast-track court to investigate Zubeen Garg’s mysterious death? BothUnion Minister Pabitra Margherita and the Assam government owe the people of Assam an answer.
