GUWAHATI: The high court upheld the special National Investigation Agency (NIA) court order that granted bail to activist Akhil Gogoi in October last year and said that “unlawful acts including arson and violence aimed at creating civil disturbance and law and order problems can’t be termed as terrorist act under purview of Unlawful Activities (Prevention) Act unless committed with the requisite intention”.
In its order, the HC bench comprising Justice Suman Shyam and Justice Mir Alfaz Ali pointed that sub section (1) (a) of Section 15 of UAPA can be attracted only if an alleged act is in the nature of “terrorist act” and involves use of bombs, explosive substances and other lethal weapons. “The dominant intention of the wrong doer must be to commit a ‘terrorist act’ coming within the ambit of Section 15(1) of the Act,” the verdict delivered on April 9 read.
The HC held the NIA court was right in granting bail to Gogoi and dismissed the appeal by the investigating agency.
“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
Gogoi, who now heads Raijor Dal, a new political party, has been under arrest since December 2019 for allegedly inciting violence during the anti-Citizenship Amendment Act protests.
{{/usCountry}}Gogoi, who now heads Raijor Dal, a new political party, has been under arrest since December 2019 for allegedly inciting violence during the anti-Citizenship Amendment Act protests.
{{/usCountry}}The case was initially lodged in Chabua, Dibrugarh district in December 2019 under various sections of IPC. Subsequently, sections 15(1) (a)/16 of UAPA were added to it. Trial in the case is yet to start. The case was later transferred to NIA the same month and a charge sheet was filed in June last year.