Assam: Gauhati High Court sets aside order discharging Akhil Gogoi in UAPA case

The Gauhati High Court on February 9 set aside a trial court order discharging Assam MLA Akhil Gogoi in a UAPA case registered against him and others in 2019 by National Investigation Agency (NIA) in connection with the protests against Citizenship Amendment Bill.

The division bench of Justice Suman Shyam and Justice Malasri Nandi last month had reserved its decision on the appeal moved by NIA against the Special Court's July 1, 2021 order to discharge Gogoi in the case which accuses him and others of conspiring to incite hatred and disaffection towards the government, using the passage of the Citizenship Amendment Bill as a pretext and promoting enmity amongst different groups of people.

"We have allowed the appeal, set aside the judgment and laid some guidelines. The reasons why we have set aside, we have mentioned. This was a mini trial held and the court went into question of possibility of conviction rather than grounds to proceed," Justice Shyam said, while pronouncing the judgment.

The court also said there was a violation of principles of natural justice on certain points. "The prosecution was entitled to an opportunity," it added.The bench clarified that those accused, who were on bail previously, will remain on bail. It also said that there will be a day-to-day hearing in the case.

When the court was informed that Gogoi was not on bail, the bench said it has noted that if he moves the bail application, it will considered on its merits and without being influenced by anything."The direction is to appear on 23rd of February," it added.
During the pronouncement, the court also said, "But the exercise needs to be done again. Of course in these matters, it is very difficult to lay down very strict parameters. But we had a feeling that the order has a trappings of an order of acquittal rather than order framing charge. Could be debatable issue. It can be tested differently."

The NIA had earlier invoked provisions of UAPA and Section 120(B)/124A/153A/153B IPC against the accused.