Dismissing an enchantment by the National Investigation Agency (NIA), the Gauhati High Court upheld a particular NIA court docket order that had in October granted bail to activist Akhil Gogoi in connection to his alleged position within the 2019 Citizenship (Amendment) Act (CAA) violence in Assam. The court docket dominated that whereas even provocative speech might come beneath the ambit of the Unlawful Activities (Prevention) Act (UAPA), it’s only punishable whether it is executed with the intention of a “terrorist act” geared toward disturbing the nation’s “unity, integrity, security and sovereignty.”
It stated that there was no floor to carry Gogoi “prima facie guilty of committing a terrorist act.”
While this clears Gogoi in a single NIA case (primarily based on a case (289/2019) registered on the Chabua police station in Dibrugarh district), the activist continues to be in jail beneath one other UAPA case being investigated by the central company.
Upholding the NIA particular court docket order in connection to the Chabua case on April 9, a bench comprising Justice Suman Shyam and Mir Alfaz Ali noticed: “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. In other words, unless the act complained of strictly comes within the letter and spirit of section 2(1)(o) read with section 15(1) of the Act, the provisions of the Act of 1967 would not be applicable. What ,therefore, follows is that 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 the ordinary law , would not come within the purview of section 15(1) of the Act of 1976 unless it is committed with the requisite intention.” the order said.
It added: “…an unlawful activity under section 2(1)(o) of the Act of 1967 could even be spoken words including a provocative speeches but in order to constitute an offence under the Act of 1967 the same must be done with the intention to cause death of , or injuries to any person or persons, or to cause loss of or damage to or destruction of any property aimed at disturbing the unity, integrity, security and sovereignty of the country.”
The allegations in opposition to Gogoi in Chabua stated that he had led a crowd of about 600 folks, which triggered “economic blockade”, “pelting of stones” and homicide of a “police personnel on duty.” Gogoi’s advocate Santanu Borthakur stated that the case, which was filed on the Chabua police station, was later taken over by the NIA.
The bench held that whereas the speech might have been chargeable for the violence however “as such, it was held that there was no reasonable ground for holding that the accused respondent (A-1) was prima facie guilty of committing a terrorist act within the meaning of Section 15 of the Act of 1967 which is punishable under Section 16 of the said Act and accordingly, allowed the respondent to go on bail.”
The different NIA case, filed beneath the Chandmari Police Station that has booked Gogoi beneath varied expenses together with Sections 120B, 124A, 153B IPC and Sections 18 and 39 of the UA(P) Act, stays, Borthakur stated. “The bail plea was rejected by the Gauhati High Court in January and later, by the Supreme Court in February,” he added.
Gogoi was first arrested on December 12, 2020 in Jorhat following an anti-CAA rally. His case was shifted to the NIA two days later and he was booked on expenses of sedition and beneath provisions of the UAP(A) for allegedly being an overground employee of the banned CPI (Maoist).
Several instances have been filed in opposition to Gogoi throughout police stations in Assam following the violence— out of which two (Chandmari and Chabua) have been taken over by the NIA. Borthakur added that Gogoi had received bail in 9 instances together with three in Chabua; one every in Sibsagar, Dibrugarh, Gaurisagar, Teok, Jorhat and the latest NIA one which was upheld by the Gauhati HC.
Gogoi contested from the Sibsagar seat within the recently-concluded Assam Assembly elections whereas in jail. He had floated a brand new political get together, Raijor Dal, late final yr.
