Assam: Supreme Court extends protection to Akhil Gogoi from arrest in NIA case

The Supreme Court on February 24 extended protection from arrest to Assam MLA Akhil Gogoi in connection with a case related to anti-CAA protests and suspected Maoist links. 

Gogoi who has allegedly been vocal against the Central government during the anti-Citizenship Amendment Act protests had moved the top court against the February 9 order of the Gauhati High Court allowing the special NIA court in Assam to proceed with the framing of charges against him in one of the two cases. 

A bench of justices V Ramasubramanian and Pankaj Mithal adjourned the matter to February 27 after it was told that Solicitor General Tushar Mehta was not available. 

“Adjourned to Monday. Interim order to continue,” the bench said. 

Also Read: Assam: MLA Akhil Gogoi accuses state government of victimizing him with UAPA case from 2019

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 the question of the possibility of conviction rather than grounds to proceed," Justice Shyam said while pronouncing the judgment.

The court also said there was a violation of the 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 be 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 trappings of an order of acquittal rather than an order framing charge. Could be a debatable issue. It can be tested differently."