MLA, HRD Akhil Gogoi to walk free, NIA court discharges him in last UAPA case

Photo courtesy: Saddam Hussein, Paralegal member of CJP

Labour rights activist and prominent human rights defender Akhil Gogoi has been discharged by a National Investigation Agency Court in connection with the last pending case against him related to the anti-citizenship law protests. The NIA had taken over two cases filed in Chandmari and Chabua police station regarding Gogoi’s alleged involvement in violent anti-CAA protests.

On June 22, the NIA Special Court had cleared Akhil Gogoi of UAPA charges in connection with the case registered in the Chabua police station, but he remained in Guwahati prison because of the case registered at Chandmari. The Hindustan Times quoted Gogoi’s lawyer Shantanu Borthakur saying, “The NIA court discharged him in the case lodged at Chandmari in Guwahati. The court had earlier discharged him in the other case lodged at Chabua in Dibrugarh district by NIA.”

Days after being discharged in the first UAPA case against him, the National Investigation Agency reportedly introduced a supplementary chargesheet in the only pending anti-terror law and sedition case against the Sivasagar, Assam MLA on June 29. Krishna Gogoi, one of Akhil Gogoi’s lawyers told NDTV, “The NIA had filed a supplementary chargesheet last Tuesday along with the existing chargesheet that was filed in December 2019. The new chargesheet is based on a protected witness. There were two other protected witnesses in this case.”

Discharge in the first UAPA case

Special NIA Judge Pranjal Das had cleared the Raijor Dal Chief’s name in the first Unlawful Activities (Prevention) Act, 1967 case lodged at the Chabua Police Station, ruling that there was no prima facie evidence against Gogoi’s involvement in any terrorist act. In this particular case, Gogoi was booked under section 16 (Punishment for terrorist act) of UAPA and Indian Penal Code provisions of criminal conspiracy, unlawful assembly, rioting, causing grievous injury by dangerous weapons, attempt to murder, and assaulting a public servant on duty.

In Special (NIA) Case No. 03 of 2020, Judge Das said, “In view of the materials on record as discussed above, I am of the considered opinion that the omissions and commissions of A- 1 (Akhil Gogoi) revealed by the materials cannot be prima-facie said to be a terrorist act done with the intention of threatening unity, integrity, sovereignty and security of India or a terrorist act done with the intention to strike terror in the people. Therefore, from the aforesaid deduction, I am of the considered view that it cannot be said that there are no sufficient materials prima-facie for framing charge against the accused A-1 Sri Akhil Gogoi u/s 16 of the UA (P) Act, 1967.”

Regarding accusations under IPC, the order read, “On the basis of the materials, I also do not find a prima-facie case for the purpose of framing charge, to hold A-1 personally criminally liable for offences of rioting, unlawful assembly causing damage to property, causing hurt to public official on duty.”

The Assam Police accused Gogoi of leading a crowd of about 6000 people at Chabua near Chabua Railway Station causing an economic blockade after he delivered a provocative speech against the government’s decision to bring about the new citizenship amendment act. Subsequently, the crowd allegedly turned violent and started pelting stones, one of which hit one of the witnesses and also hurt a police officer on duty. Furthermore, it was alleged that the mob allegedly led by Gogoi tried to “murder” the police personnel on duty and did not do anything to control the crowd.

The NIA court, however categorically refuted these allegations and held that the responsibility of the crowd turning unruly could not be imposed solely on Gogoi. “If the contents of the speech of A-1 Sri Akhil Gogoi do not contain instigation of violence etc., simply the statements by some of the witnesses about A-1 giving provocative speech leading to violence could not relied on in my considered view to impose criminal liability on A-1 Sri Akhil Gogoi. In the large gatherings, where speeches are delivered on contentious issues, it is possible for the crowd to get excited and some unruly elements therein might take undue advantage of the situation to indulge in unacceptable behaviour. The omission on the part of A-1 as revealed by the statements of some witnesses is that after some vandalism started, he did not do anything to stop it. However, in my considered view, that in itself would not impose criminal liabilities on him (A-1), though it might have been his moral responsibility to try and do something about it.”

The order passed by Judge Das also discharged other co-accused persons namely Jagjit Gohain and Bhupen Gogoi.

Akhil Gogoi was arrested on December 12, 2019 from Jorhat, Assam as a “preventive measure” in light of deteriorating law and order situation. While in custody, he was re-arrested for other cases registered across the country and has remained in Guwahati Central Prison since then. In July 2020, he tested positive for Covid-19.

Currently, as per some media sources, he is admitted to the Guwahati Medical College Hospital (GMCH) as he has been unwell for a few months. He is likely to walk free soon.

The order dated June 22, 2021 may be read here:

To be updated with the NIA order dated July 1, 2021.