Earlier, the high court granted the NIA permission to file charges in a special court against Gogoi and three of his friends in connection...
Digital Desk: The Supreme Court has granted independent Assam MLA Akhil Gogoi protection from arrest in connection with a case related to anti-CAA protests and suspected Maoist connections and has requested a response from the National Investigation Agency (NIA) on his petition.
The lawmaker, who allegedly spoke out against the Central government during the anti-Citizenship Amendment Act protests, petitioned the Supreme Court in response to the Gauhati High Court's February 9 ruling permitting the special NIA court in Assam to proceed with the framing of charges against him in one of the two cases.
"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," a bench of justices V Ramasubramanian and Pankaj Mithal ordered after hearing arguments from senior advocate Huzefa Ahmadi, appearing for the lawmaker.
"In the meantime, the petitioner (Gogoi) shall be protected against arrest in connection with an FIR bearing... dated December 14, 2019, at Police Station NIA, Guwahati," it added.
Earlier, the high court granted the NIA permission to file charges in a special court against Gogoi and three of his friends in connection with anti-CAA protests and suspected Maoist connections.
The high court's decision followed an appeal by the NIA challenging the order of a special NIA court that cleared the four.
After reopening the case, a high court division bench comprised of Justices Suman Shyam and Malasri Nandi directed the agency to proceed with charging.
"The high court has accepted the NIA’s plea to reopen the case and frame charges against the four persons. The case will be heard again in the Special NIA Court," Akhil Gogoi’s counsel, Santanu Borthakur, had said.
The MLA has come to the apex court against the order.
The other three defendants were Dhaijya Konwar, Bittu Sonowal, and Manash Konwar, who were all granted bail and released from jail in the NIA case.
Gogoi was the only one whose bail was denied by the court, and he was released after 567 days in jail when Special NIA Judge Pranjal Das cleared him and the three others of all allegations.
The Assam legislator and three others have been ordered to appear before the special NIA court on February 23.
The NIA is investigating into two cases involving Gogoi and anti-CAA protests. In one of them, a special NIA court granted him bail, which was upheld by the Gauhati High Court in April 2021 after the inquiry agency challenged it.
The RTI activist remained in judicial jail after being denied bail in a second case involving anti-CAA violence and being examined by the NIA.
Subsequently, on July 1, 2021, the special NIA court released Gogoi and his three associates for their alleged role in the violent anti-Citizenship (Amendment) Act stir in the state in December 2019, observing that there was no evidence that the "talk of blockage" affected the country's economic security or was a "terrorist act." The NIA then moved the Gauhati High Court to empower it to construct charges under several sections of the IPC, including sedition, and the Unlawful Activities (Prevention) Act, 1967.
In a strongly worded decision, the special NIA court stated that, in the interests of justice, it regarded the investigative authority's actions and approach in the case as "discouraging," to put it mildly.
"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, its 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 special NIA court had said in the order.
Leave A Comment