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The National investigation Agency (NIA) Court today Akhil Gogoi and 3 others in the Anti CAA Violence case.

Gogoi had been charged under various sections of the Indian Penal Code and the Unlawful Activities (Prevention) Amendment Act for criminal conspiracy, sedition, promoting enmity between groups on grounds such as religion, race and language, assertions against national integrity and support to a terrorist organization.

Perusing the statement of witnesses the the Court said that Gogoi’s speeches did not incite violence, rather it was evident that he appealed to the people to maintain peace and not indulge in violence.

The Court further observed that,
“the statements of some witnesses attributing talk of shut down, blockade and closure on the part of A-1 - cannot be constituted to mean prima facie that A-1 advocated or advised commission of a terrorist act with the intention to threaten the unity, integrity, sovereignty, security or economic security of India or with an intention to strike terror in the people. In my considered view, interpreting otherwise would be incorrect and too far-fetched a conclusion, stretching the definition of Section 15 beyond permissible limits, for the purpose of framing against A1 for offence of terrorism.”

While discharging Gogoi of the charges of Conspiracy the Court observed “Exchanging telephone calls with co-accused and coordinating protests against CAA in December 2019, in the absence of other significant materials, would not suffice to impute conspiracy, for the purpose of framing charge thereunder.”

The special Judge Pranjal Das on the prosecutions tactics to delay the case said “the court has found the conduct and approach of the investigating authority / prosecution in this case, to be discouraging, to say the least. The court has high expectations from a premier investigating agency like the NIA, entrusted with the profoundly important task of protecting our country and us, citizens from the menace of terrorism. The court hopes and expects that, such high standards will be upheld, for sake of the country and this one will be just an exception”

Gogoi was sent to jail in December 2019 on the basis of two FIRs lodged at the Chandmari police station in Guwahati and Chabua police station in eastern Assam’s Dibrugarh district.

Gogoi was discharged in the first case on June 25.