E-Paper
SC grants bail to Akhil Gogoi in UAPA case but refuses to discharge Assam MLA
The Supreme Court affirmed the revival of a UAPA case against Akhil Gogoi in connection with the violence during the protests against CAA in 2019.
The Supreme Court on Tuesday affirmed the revival of a Citizenship Amendment Act (CAA) case against Assam MLA Akhil Gogoi in connection with the violence during the protests in 2019 but adds Gogoi will remain on bail during the pendency of the case.
A bench of Justices V Ramasubramanian and Pankaj Mithal upheld a Gauhati High Court order which had set aside Gogoi's discharge in the case.
On March 20, the apex court had reserved its verdict on the appeal by the Assamese peasant leader against the high court order. The bench had in February sought the response of the National Investigation Agency (NIA) in the matter, Bar and Bench reported.
The issued notice pertained only to the question of whether Gogoi could be granted bail until the conclusion of his trial. During the proceedings, senior advocate Huzefa Ahmadi argued on behalf of Gogoi that there were no allegations of him abusing his liberties while out on bail following the discharge order.
Solicitor General Tushar Mehta, representing the NIA, countered by stating that the CPI (Maoist), which Gogoi is accused of sending cadre for warfare training, is not a political party. Additionally, Additional Solicitor General Aishwarya Bhati, with the assistance of advocate Kanu Agrawal, emphasised that the charges under the UAPA were not related to peaceful bandhs or shutdowns but were instead for the more serious offences of using terrorist methods and waging war against an elected government.
Gogoi and three others were charged with various offences in connection with the December 2019 protests and speeches against the Citizenship Amendment Act (CAA) as well as alleged ties to Maoist groups. These charges included provisions of the UAPA and Sedition (section 124A), promoting enmity between religious groups (section 153A), and 153B (Statement against national integration) under the Indian Penal Code.
In July 2021, the special NIA court in Guwahati discharged Gogoi of all charges against him, stating that his speeches did not incite violence and instead urged people not to resort to violence.
