Supreme Court granted bail to Akhil Gogoi in UAPA case, but refused to discharge him

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• Apr 18, 2023 | Dhupali Das

The Supreme Court on Tuesday affirmed the revival of a Citizenship Amendment Act (CAA) case...

Digital Desk: The Supreme Court on Tuesday affirmed the revival of a Citizenship Amendment Act (CAA) case against Assam MLA Akhil Gogoi in connection with the violence during the 2019 protests, but added that Gogoi will remain on bail during the case's pendency.

A bench of Justices V Ramasubramanian and Pankaj Mithal upheld a Gauhati High Court's decision that had overturned Gogoi's discharge in the case.

On March 20, the Supreme Court reserved its judgment regarding Akhil Gogoi's appeal against the high court's order. The bench had requested a response from the National Investigation Agency (NIA) in the matter in February, according to Bar and Bench.

The issued notice primarily addressed whether Gogoi may be granted bail until the culmination of his trial. Senior counsel Huzefa Ahmadi argued on Gogoi's side throughout the proceedings that there were no charges of his misusing his liberties while out on bail following the discharge order.

In response, Solicitor General Tushar Mehta for the NIA asserted that the CPI (Maoist), which Gogoi is charged with sending cadre to receive military training, is not a political party. Moreover, additional Solicitor General Aishwarya Bhati, with the assistance of counsel Kanu Agrawal, emphasized that the charges under the UAPA were not for peaceful bandhs or shutdowns, but for the more severe crimes of using terrorist methods and waging war against an elected government. 

Gogoi and three others were charged with different offenses in connection with protests and remarks against the Citizenship Amendment Act (CAA) in December 2019, as well as claiming affiliations with Maoist organizations. These allegations included violations of the UAPA and Sedition (section 124A), inciting hatred among religious groups (section 153A), and 153B (Statement against national integration) under the Indian Penal Code.

In July 2021, Gogoi was cleared of all charges by a special NIA court in Guwahati, declaring that his comments did not promote violence and instead exhorted people not to resort to violence.

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