Assam MLA Akhil Gogoi in trouble as HC admits NIA's appeal against acquittal in UAPA case

Assam MLA Akhil Gogoi suffered a blow on Wednesday after the Gauhati High Court admitted NIA's appeal against his acquittal in the UAPA case registered at the Chandmari Police Station. On July 1, Gogoi had walked free after nearly 19 months of incarceration for his role in anti-Citizenship Amendment Act protests in Assam. Contesting as an Independent candidate, Gogoi created history by becoming the first Assamese to win an election from behind the bars after trouncing BJP's Surabhi Rajkonwar with a margin of 11,875 votes. 

A division bench of Justices N Kotiswar Singh and Soumitra Saikia pronounced its order after hearing the NIA counsel and Advocate General D Saikia. Issuing notice, the HC called for records in respect of the case from the Special NIA court in Guwahati. This matter will be listed for hearing after three weeks.

Special NIA court acquits Akhil Gogoi 

The central agency alleged that the Raijor Dal president had merged his organization Krishak Mukti Sangram Samiti with Revolutionary Communist Centre which was later merged with the banned CPI (Maoist). Along with Dhirjya Konwar, Manas Konwar and Bittu Sonowal, Gogoi was charged with conspiring to incite hatred towards the Centre and promoting enmity among different groups of people using the CAA as a pretext. They were charge-sheeted under Sections 120-B, 124-A, 153-A and 153-B of the Indian Penal Code and Sections 18 and 39 of the UAPA. 

Coming down heavily on the NIA, Special NIA judge Pranjal Das noted, "Before concluding the discussion, this court is constrained to observe, in the interests of justice, that the court has found the conduct and approach of the investigating authority/prosecution in this case, to be discouraging, to say the least. 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 sake of the country and this one will be just an exception." 

After perusing all the materials, the court held that there is no prima facie evidence to frame charges against the Sibsagar MLA, Dhirjya Konwar, Manas Konwar and Bittu Sonowal. Weighing in on the stringency pertaining to bail when UAPA is invoked, it added, "In such a situation, needless to say that, trials have to be expedited by courts like us. If a criminal justice system, for some reasons, is unable to give bail to an accused, his trial should preferably get completed within one year, so that his constitutional and human rights of presumption of innocence and speedy trial is not violated".