Akhil Gogoi Bail Appeal Hearing: Supreme Court Reserves Verdict

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• Mar 20, 2023 | Dhupali Das

The Supreme Court heard the bail petition of Assam MLA Akhil Gogoi on Monday against the NIA cases brought against him for allegedly inciting violence during the anti-CAA protests in Assam...

Digital Desk: The Supreme Court heard the bail petition of Assam MLA Akhil Gogoi on Monday against the NIA cases brought against him for allegedly inciting violence during the anti-CAA protests in Assam.

A bench of Justices V. Ramasubramanian and Pankaj Mittal heard the matter today. However, the judge reserved its ruling on the matter.

On March 3, the Supreme Court extended Assam MLA Akhil Gogoi's protection from arrest until March 13 in line with a case involving anti-CAA protests and suspected Maoist ties.

An MLA from Sivasagar, Akhil Gogoi who was vocal against the central government during the anti-Citizenship (Amendment) Act protests in Assam, had petitioned the apex court against the Gauhati High Court's February 19 order allowing the special NIA court in Assam to proceed with the framing of charges against him in one of the two cases.

The case was postponed for another hearing by a bench of justices V Ramasubramanian and Pankaj Mithal, who noted that the petitioner's counsel was unavailable.

 "Interim protection to continue till next date," the bench noted.

Earlier, the National Investigation Agency (NIA) had told the apex court that Akhil Gogoi cannot be granted bail as he is an accused kingpin of Maoist activities in Assam even as Akhil Gogoi said that the cases against him were a result of "political vendetta".

"Let notice be served on the standing counsel for the State (NIA), for the limited purpose of considering the grant of protection to the petitioner from arrest pursuant to the impugned order, returnable on February 24, 2023. In the meantime, the petitioner ( Akhil Gogoi) shall be protected against arrest in connection with FIR bearing ... dated December 14, 2019, Police Station NIA, Guwahati," the bench had noted in February. 

The high court had granted the NIA permission to file charges in the special court against Akhil Gogoi and three of his associates, Dhajya Konwar, Manas Konwar, and Bitu Sonowal, in connection with anti-CAA protests and suspected Maoist ties.  The order came based on the appeal of the NIA challenging the order of a special NIA court to give clean chit to the four.

After reopening the case, the high court panel of justices Suman Shyam and Malasri Nandi directed the agency to proceed with charging Akhil Gogoi and others.

"The high court has accepted the NIA's request to reopen the case and frame charges against the four people. The Special NIA Court will consider the case once more," said Akhil Gogoi's counsel, Santanu Borthakur.

Meanwhile, the other three accused in the NIA case who had been given bail were released from jail. Akhil Gogoi was the only one whose bail was denied by the court, and he was released after 567 days in prison after special NIA judge Pranjal Das cleared him and the three others of all charges.

All four, including Akhil Gogoi, have been summoned to appear before the special NIA court today. The NIA is looking into two cases involving anti-CAA protests against Akhil Gogoi. In one of those cases, the special NIA court gave him bail, which was later upheld by the Gauhati High Court in April 2021.

However, Akhil Gogoi remained in judicial custody while the NIA investigated his bail request in the second case involving violence at anti-CAA protests. The special NIA court released Akhil Gogoi and his three associates on July 1, 2021, for their alleged involvement in the violent anti-CAA protests in Assam in December 2019.

The court noted that Akhil Gogoi's 'talk of blockade' did not endanger the country's economic security and was not 'a terrorist act'. The NIA court then filed an appeal with the Gauhati High Court, allowing the agency to charge Akhil Gogoi under different sections, including sedition and the Unlawful Activities (Prevention) Act (UAPA).

In a strongly worded order, the special NIA court stated that it had deemed the investigation authority's behaviour and strategy to be, at the very least, "discouraging" in the interest of justice.

"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 the sake of the country and this one will be just an exception," the order reads.