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Court noted that except for the offences under UAPA, Gogoi faced charges including sedition, which is punishable with a maximum sentence of three years, half of which he has already been incarcerated for.
The Supreme Court has granted bail to Member of Assam Legislative Assembly, Akhil Gogoi in a case registered under the Unlawful Activities Prevention Act (UAPA) for being responsible for provoking a crowd to commit violence which led to serious injuries on police official, apart from destruction of property and vehicles during the CAA protests.
A bench of Justices V Ramasubramanian and Pankaj Mithal has also upheld a High Court order setting aside a special court’s 2021 verdict discharging Gogoi.
Special NIA court on June 22, 2021 had discharged the Assam MLA and farmers’ leader in Anti-CAA (Citizenship Amendment Act) Chabua Violence case.
In July, 2021 a NIA Court had discharged Akhil Gogoi and 3 others in another anti CAA Violence case wherein he was 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.
This order of discharge was set aside in February this year.
On Tuesday, the Supreme Court refused to accept the National Investigation Agency (NIA)’s objections to Gogoi's plea while noting that it was a fit case for granting bail as the investigation in the case was over and there was nothing to show that Gogoi was involved in any unlawful activity since he was discharged.
Gogoi was arrested in December 2019 for his alleged Maoist links following his participation in protests against the Citizenship (Amendment) Act.
The aforementioned case arose on 10.12.2019 when a SI of Chauba Police Station, Dibrugarh loged an ejahar (FIR) stating that on 09.12.2019, while he was doing law and order duty at Chabua town, a crowd of about 6000 persons, led by Akhil Gogoi caused economic blockade and pelting of stones, one of which hit his face and injured him grievously. It was also alleged that the mob led by Gogoi tried to murder the police personnel on duty.
Therefore, a case was registered against Mr. Gogoi and three others under sec. 120(B), 147, 148, 149, 336, 307, 353, 326 of IPC and Subsequently, sec. 153A/153B of IPC r/w Sections 15(1)(a)/16 of the UA(P) Act. Later on, after an order passed by the Ministry of Home Affairs, Government of India, the National Investigation Agency (NIA), took over the investigation on 09.04.2020.
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.
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