HC upholds Akhil Gogoi’s NIA court bail order

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”

Published on: Apr 13, 2021, 24:00:37 IST

By Utpal Parashar

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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.

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.

ABOUT THE AUTHOR
Utpal Parashar
A seasoned senior journalist, I have nearly three decades of experience across print, digital, and online platforms, covering political transitions, insurgencies, environmental issues, and development stories in India and Nepal. I am skilled in breaking news, leading editorial teams and launch of newspaper editions. I am adept at leveraging digital trends and social media to expand global reach, with a strong ethical foundation and a reputation for impactful journalism. An alumnus of Asian College of Journalism, I joined Hindustan Times in New Delhi as a trainee reporter in May 1997. Over the years, I have been posted in Dehradun, Kathmandu (Nepal) and Guwahati. Currently, as Senior Assistant Editor at Hindustan Times, I lead a team reporting on India’s northeastern states. My work involves in-depth analysis, and engaging multimedia storytelling across formats, including text, photo, video, and interactive content. I am skilled in producing timely, shareable content, leveraging digital platforms and social media to engage global audiences. Throughout my career with the Hindustan Times, I have led diverse editorial teams, designed capacity-building activities, and supported reporters in developing strong story ideas, ethical reporting practices, digital skills, and fact-checking techniques. As Senior Assistant Editor for Northeast India, I have been responsible for guiding correspondents through complex political, humanitarian, and community-level stories using multimedia formats. Earlier, as Foreign Correspondent in Nepal, I produced extensive reporting during Nepal’s democratic transition and the 2015 earthquake and its aftermath.Read More

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