Supreme Court extends protection from arrest to Assam MLA Akhil Gogoi till March 13

The Supreme Court on March 3 extended the protection from arrest granted to independent Assam MLA Akhil Gogoi until March 13 in connection with a case related to anti-Citizenship Amendment Act protests and suspected Maoist links. Gogoi, who has been vocal against the Central government during the protests, had moved the top court against the February 9 order of the Gauhati High Court, which had allowed the special NIA court in Assam to proceed with framing charges against him in one of the two cases.

During the hearing, a bench of justices V Ramasubramanian and Pankaj Mithal deferred the matter to March 13 after noting that the counsel for the petitioner was not available. "Interim protection to continue till next date," the bench said.

The National Investigation Agency (NIA) had earlier told the Supreme Court that bail cannot be granted to Gogoi as he is an alleged kingpin of Maoist activities in the state. However, Gogoi has claimed that the cases against him are a result of "political vendetta".

Earlier, the high court had permitted the NIA to seek framing of charges in the special court against Gogoi and three of his associates in connection with anti-CAA protests and suspected Maoist links. The high court's order had come on an appeal of the NIA challenging the order of a special NIA court giving clean chit to the four. A high court division bench had asked the agency to go ahead with framing charges after reopening the case.

Gogoi was released from jail in July 2021 after spending 567 days in custody, once the Special NIA Judge Pranjal Das cleared him and three others of all charges related to the violent anti-Citizenship (Amendment) Act stir in the state in December 2019. However, he was still under investigation in a second case related to anti-CAA violence. The NIA had then moved the Gauhati High Court, appealing to allow the agency to frame charges against Gogoi under various sections, including sedition, of the IPC and the Unlawful Activities (Prevention) Act, 1967.

Gogoi's counsel Santanu Borthakur has stated that they will continue to fight the case and seek justice for their client. The Supreme Court's decision to extend protection from arrest to Akhil Gogoi has brought some relief to the MLA, who will now have to wait until March 13 to know the next steps in his case.