Akhil Gogoi had petitioned the Supreme Court in response to the Gauhati High Court's February 9 judgement allowing the special NIA court in Assam to proceed with charging him in one of the two cases.
Digital Desk: Akhil Gogoi, Raijor Dol chief and MLA from Sivasagar in Assam, is scheduled to appear before a National Investigation Agency (NIA) court on Thursday in connection with a complaint brought against him during the Assam anti-Citizenship (Amendment) Act rallies.
This follows the Assam government's request to the Gauhati High Court to investigate the case filed against Akhil Gogoi. Based on the appeal, the high court ordered that the matter be reopened by the NIA court.
It should be remembered that, while giving interim protection to Akhil Gogoi, the Supreme Court directed against future arrests in connection with the case until the issue is resolved.
On Tuesday, the Supreme Court granted Sivasagar MLA Akhil Gogoi protection from arrest in connection with the anti-CAA protests case and suspected Maoist affiliations, and asked the NIA to respond to his petition.
Akhil Gogoi had petitioned the Supreme Court in response to the Gauhati High Court's February 9 judgement allowing the special NIA court in Assam to proceed with charging him in one of the two cases.
"Let notice be given on the standing counsel for the State (NIA), for the limited purpose of considering the award of protection to the petitioner from arrest pursuant to the impugned decision, returnable on February 24, 2023," a bench comprised of justices V Ramasubramanian and Pankaj Mithal stated. Meanwhile, the petitioner (Akhil Gogoi) is protected from arrest in connection with FIR bearing... dated December 14, 2019, Police Station NIA, Guwahati."
The high court had granted the NIA permission to file charges in the special court against Akhil Gogoi and three of his accomplices, Dhajya Konwar, Manas Konwar, and Bitu Sonowal, in connection with anti-CAA protests and suspected Maoist affiliations. The order was issued in response to the NIA's appeal of a special NIA court's decision to clear the four.
After reviving 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 approved the NIA's appeal to reopen the case and draught charges against the four people," said Akhil Gogoi's advocate, Santanu Borthakur. The Special NIA Court will hear the matter again."
Likewise, the other three defendants in the NIA case who had been granted bail were released from jail. The only one whose bail was denied by the court was Akhil Gogoi, who was released after 567 days in jail after special NIA judge Pranjal Das absolved him and the three others of all allegations.
All four, including Akhil Gogoi, were 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 granted him bail, which was affirmed by the Gauhati High Court in April 2021.
Meanwhile, Akhil Gogoi remained in judicial prison while the NIA investigated his bail petition in the second case involving violence at anti-CAA protests. The special NIA court discharged Akhil Gogoi and his three friends on July 1, 2021, for their alleged role in the violent anti-CAA protests in Assam in December 2019.
The court observed that Akhil Gogoi's 'talk of blockage' did not harm 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 multiple sections, including sedition and the Unlawful Activities (Prevention) Act (UAPA).
In a sharply worded ruling, the special NIA court stated that, in the interest of justice, it regarded the investigative authority's actions and approach in the case to be "discouraging" at best.
The order read, “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.”
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