GUWAHATI: Raijor Dal MLA from Assam’s Sivasagar constituency Akhil Gogoi got a partial relief on Tuesday as a National Investigation Agency (NIA) court in Guwahati “discharged” him of all the charges under the Unlawful Activities (Prevention) Act (UAPA) in a case filed at Chabua police station in 2019.
Akhil was arrested by Assam Police on December 12, 2019 for his role in anti-Citizenship Amendment Bill protests, which resulted in violence at several places in the state.
The case was handed over to NIA two days later.
Since then, he has been in judicial custody.
He won the assembly elections from Sivasagar constituency while in custody.
He is currently under treatment in Gauhati Medical College and Hospital.
The order passed by the special NIA judge reads: “Consequently, in view of the discussion, I am of the considered finding that the materials are inadequate to attribute any act of terrorism to Akhil Gogoi and frame charges against him under the UA (P) Act, 1967.
I also come to the considered finding that there is no justification to frame charges against Akhil Gogoi under the charge sheeted penal provisions of IPC or other penal sections and that he is liable to be discharged.” Advocate Krishna Gogoi said, “After hearing the case filed with Chabua police station in 2019, the NIA court in Guwahati discharged Gogoi from the charges of UAPA.
Along with Akhil, the court has also discharged Jagjit Gohai and Bhupen Gogoi, who were arrested on the same charges.” He said that hearing of another case filed at Chandmari police station has begun.
“The verdict of this case is likely to be pronounced by the court in next two days,” he added.
NIA had charged Akhil with inciting the peopleIn April, the Gauhati High Court upheld the bail granted by the special NIA court to Akhil in Chabua PS case stating that under the UAPA of 1967 even “provocative speeches” could be unlawful but to be a punishable offence it must be a terrorist act challenging the unity, integrity, security and sovereignty of India.
The NIA court had granted Akhil bail on October 1 last year after observing that that the allegations brought by the NIA revealed by the materials cannot be prima facie said to be a terrorist act done with the intention of threatening the unity, integrity and sovereignty of India or a terrorist act done with the intention to strike terror in the people.
The NIA subsequently challenged the lower court’s order in the high court.
The NIA in its chargesheet had alleged that Akhil made provocative speeches inciting the public to resort to violence and also to draw-up plan to set the houses of the people from the Bengali community living in the Amrawati Colony (at Chabua in Dibrugarh district) on fire.