The Gauhati High Court has upheld the bail order of peasant activist Akhil Gogoi by a Special NIA Court in relation to his alleged position in violent protests towards the Citizenship (Amendment) Act in Assam in 2019.
Dismissing an attraction by the National Investigation Agency (NIA), a High Court bench comprising Justices Suman Shyam and Mir Alfaz Ali stated any act geared toward creating civil disturbance won’t come throughout the purview of the Unlawful Activities (Prevention) Act, 1967 until dedicated with the requisite intention.
“Upon going via the impugned judgement and order dated 01.10.2020 within the mild of supplies positioned earlier than us, we’re of the thought-about opinion that the views expressed by the discovered Special Court, NIA resulting in granting of bail to the respondent is a potential view within the info and circumstances of the case.
“Therefore, we do not find any error in the approach of the learned court below while exercising discretionary jurisdiction and granting bail to the respondent,” the High Court stated in its order on April 9.
On October 1 final yr, the Special NIA courtroom had granted bail to Gogoi after submission of chargesheet by the investigating company.
“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 1967 unless it is committed with the requisite intention,” the HC order stated.
By ‘Act of 1967’, the bench referred to the Unlawful Activities (Prevention) Act, 1967.
The High Court additionally famous that the bail order by the decrease courtroom was handed after submission of the chargesheet on June 26, 2020 and no formal cost has but been framed towards Gogoi.
“The materials submitted along with the chargesheet are basically statements of the witnesses recorded under section 161 of the Cr.P.C. which obviously do not have any evidential value,” it added.
During the height of anti-CAA motion in 2019, the Chabua police station on December 10 registered an FIR (case no. 289/2019) beneath Sections 120(B), 147, 148, 149, 336, 307, 383 and 326 of the IPC together with sections 15(1)(a) and 16 of the UA(P)A.
While the matter was beneath investigation by the Assam police, the Union Home Ministry on December 14, 2019 ordered to shift the case to the NIA, which re-registered it as RC- 01/2020/NIA-GUW.
Gogoi was rejected bail in one other case associated to anti- CAA violence and is being investigated by the NIA, which took his custody in December 2019.
He was final yr admitted at Gauhati Medical College and Hospital (GMCH) for remedy of COVID-19 and he stays there for different illnesses.
Gogoi contested the Assam Assembly polls this yr from Sibsagar constituency.
