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Gauhati HC upholds NIA court order granting bail to Akhil Gogoi
Gogoi has been under arrest since December 2019 for allegedly inciting violence during the anti-Citizenship Amendment Act protests.
Unlawful acts including arson and violence aimed at creating civil disturbance and law and order problems can’t be termed as a terrorist act under the purview of the Unlawful Activities (Prevention) Act, the Gauhati High Court held in a recent order. The court was delivering its verdict on an appeal filed by the National Investigation Agency (NIA) challenging bail granted to peasant activist Akhil Gogoi by an NIA court in October last year.
“The dominant intention of the wrongdoer must be to commit a ‘terrorist act’ coming within the ambit of Section 15(1) of the Act,” the court order, delivered on April 9, read.
In its order, the HC bench comprising Justice Suman Shyam and Justice Mir Alfaz Ali pointed that subsection (1) (a) of Section 15 of UAPA can be attracted only if an alleged act is in the nature of “terrorist act” and involves the use of bombs, explosive substances and other lethal weapons.
“Unlawful act of any other nature, including acts arson and violence aimed at creating civil disturbance and law and order problems, which may be punishable under ordinary law, would not come under the purview of section (1) of the Act unless it is committed with the requisite intention,” it added.
The court held that alleged “commissions and omissions” on the part of Gogoi as revealed by materials cannot be prima facie said to be a terrorist act done with the intention of threatening the unity, integrity and sovereignty of India or a terrorist act done with the intention of striking terror among people.
The HC held the NIA court was right to grant bail to Gogoi and dismissed the appeal by the investigating agency.
Gogoi, who now heads Raijor Dal, a new political party that contested the recently concluded assembly polls in Assam, has been under arrest since December 2019 for allegedly inciting violence during the anti-Citizenship Amendment Act protests.
The case against Gogoi was initially lodged in Chabua police station in Dibrugarh district in December 2019 under various sections of the Indian Penal Code for criminal conspiracy, unlawful assembly, rioting etc. Subsequently, sections 15(1) (a)/16 of UAPA were added to it. The trial in the case is yet to commence.
The case was later transferred to the NIA the same month and a charge sheet was filed in June last year which alleged that Gogoi led the anti-CAA movement which turned violent and led to arson and attacks on police personnel. It alleged that the peasant leader hatched a conspiracy to target a particular community to disturb the unity and integrity of the country.
