Akhil Gogoi | SabrangIndia

Anti-CAA stir, Assam: SC protects independent Assam MLA Akhil Gogoi from arrest

Wed, 22 Feb 2023 10:49:54 +0000

The Supreme Court has granted protection to Akhil Gogoi, an independent MLA from Assam, against arrest in a case related to the anti-Citizenship Amendment Act (CAA) protests, which is being investigated by the National Investigation Agency (NIA).

The legislator, who had reportedly been outspoken against the central government during the anti-Citizenship Amendment Act protests, approached the Supreme Court against the February 9 ruling of the Gauhati High Court, which allowed the special NIA court in Assam to proceed with framing charges against him in one of the two cases.

The Supreme Court has directed the standing counsel for the state (NIA) to be notified and consider granting protection to the petitioner from arrest in response to the contested order. The notice is returnable on February 24, 2023. Following arguments from senior advocate Huzefa Ahmadi, who represented the lawmaker, a bench of justices V Ramasubramanian and Pankaj Mithal ordered on Tuesday that in the interim, Gogoi will be protected against arrest in connection with FIR bearing … dated December 14, 2019, Police Station NIA, Guwahati.

Previously, the high court had granted permission to the NIA to request charges be framed against Gogoi and three of his associates in a special court in relation to anti-CAA protests and suspected Maoist links. The high court had issued its order on the appeal of the NIA, which had challenged the ruling of a special NIA court that had exonerated the four individuals.

A division bench of the high court, consisting of Justices Suman Shyam and Malasri Nandi, had instructed the agency to proceed with framing charges after reopening the case. Gogoi’s attorney, Santanu Borthakur, had stated, “The high court has granted the NIA’s request to reopen the case and level charges against the four individuals. The matter will now be reheard in the Special NIA Court.” The MLA has subsequently approached the apex court to contest this decision.

The remaining three accused in the NIA case were Dhaijya Konwar, Bittu Sonowal, and Manash Konwar, all of whom were granted bail and released from jail. While Special NIA Judge Pranjal Das cleared Gogoi and the three others of all charges, the court refused to grant bail to Gogoi, and he was released only after spending 567 days in prison. The special NIA court has instructed the Assam legislator and the three other accused to attend a hearing on February 23.

The NIA is currently investigating two cases involving Gogoi in relation to the anti-CAA protests. In one of these cases, Gogoi was granted bail by the special NIA court, a decision that was subsequently upheld by the Gauhati High Court in April 2021 despite the NIA’s challenge.

However, Gogoi was unable to secure bail in the second case, which pertained to anti-CAA violence and was also under investigation by the NIA. As a result, he remained in judicial custody.

On July 1, 2021, the special NIA court ordered the release of Gogoi and his three associates, who had been accused of involvement in the violent anti-Citizenship (Amendment) Act protests in December 2019. The court found that there was no evidence to suggest that their “talk of blockade” posed a threat to the country’s economic security or amounted to “a terrorist act.” Following this decision, the NIA lodged an appeal with the Gauhati High Court, requesting that the agency be permitted to level charges, including sedition charges under various sections of the Indian Penal Code and the Unlawful Activities (Prevention) Act, 1967.

The special NIA court issued a strongly worded judgement, stating that it found the conduct and approach of the investigating authority in the case to be “discouraging”, to say the least. The court emphasized that it had high expectations from a premier investigating agency like the NIA, which is entrusted with the crucial task of protecting the country and its citizens from the threat of terrorism.

In its order, the special NIA court expressed hope that such high standards would be upheld by the NIA, and that the court’s experience with the agency in this case would be an exception rather than the norm. The court made it clear that, in the interests of justice, it expects the NIA to maintain the highest standards in its work.

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Were search, seizure and arrest procedures violated in the case of Jignesh Mevani?

Sat, 23 Apr 2022 07:33:20 +0000

Image Courtesy:indianexpress.com

Support is growing for Jignesh Mevani, the independent Member of Legislative Assembly (MLA) from Vadgam in Gujarat, was arrested on Wednesday night from the Palanpur circuit house in Gujarat’s Banaskantha district and is being held in police custody in Kokrajhar in Assam in a case related to allegedly offensive tweets about Prime Minister Narendra Modi.

On Friday, leaders of the Congress Party and even Akhil Gogoi of Raijor Dal met Mevani at the police station. They also held a demonstration against the youth leader’s arrest.

Today met @jigneshmevani80 at Kokrajhar Police Station.He is in a pretty jovial mood and is in a fighting spirit. He doesn’t seem to be tensed at all. After that protested outside the police station for his release. pic.twitter.com/lSJoXTnxNE

— Akhil Gogoi (@AkhilGogoiAG) April 22, 2022

Pradesh Congress Committee’s Legal Cell Chairman Monoj Bagabati who met Mevani along with Shajahan Ali and Konkon Das, told the Telegraph, “Mevani was very relaxed and composed when we met him for over an hour on Friday. He also spoke about the work he and his colleagues are doing for the marginalised.” They he is being provided proper food and clothing in custody.

Brief background of the case

Mevani had been arrested on the complaint of BJP member Arup Kumar Dey of Bhabanipur village in Kokrajhar for posting two tweets that have since been blocked in India.The Telegraph has shared the following text of the Tweets:

“Prime Minister Narendra Modi, who considers Godse his worshipping deity, is on a tour of Gujarat from April 20. I request him to make an appeal for peace in Himmatnagar, Khambat and Veraval which suffered communal clashes. This is the minimum one expects from the builder of Mahatma Mandir.”

“The traitors of Nagpur who didn’t accept the tricolor for decades, the same RSS people were dancing at a mosque with saffron flag in Veraval. Traitors, have some shame. Maintain peace and harmony in the country of Ram Prasad Bismil and Ashfaqullah Khan.”

Mevani was picked up from the Palanpur guest house around 11 P.M on Wednesday night and first taken to Ahmedabad. The next morning, he was flown to Assam and taken to Kokrajhar. Mevani was booked under IPC sections 120 B (criminal conspiracy), 153 A (promoting enmity between groups), 295 A (outraging and insulting religious beliefs), 504 (insult with intent to provoke) and 505 (public mischief).

On Thursday, the court of the Kokrajhar Chief Judicial Magistrate has remanded Jignesh Mevani to three days police custody and also said that he cannot be taken out of Kokrajhar by the police. He was denied bail.

Grounds for arrest and denial of bail

The police opposed Mevani’s bail as they feared that Mevani’s tweet could “disturb public tranquility” and was “prejudicial to maintaining harmony among a certain section of people”. They fear the tweet “may cause disaffection” and “promote enmity” between groups. They further said that Kokrajhar was a “communally sensitive district” and that Mevani’s tweet had “created tensions among different communities”.

The court while denying Mevani bail observed, “There is incriminating material in the case diary against the accused person.” Thecourt accepted the Investigating Officers submission that there was “credible evidence” against Mevani, and concluded that there were “reasonable grounds for the arrest of the accused person and police remand”.

The court however, directed the police “not to cause any torture to the accused during the period of police custody.” The court specifically said, “I.O is directed to strictly follow the guidelines of the Hon’ble Supreme Court of India in D.K Basu’s case during police custody.”

A copy of his FIR, the original complaint by Dey, details of grounds of his arrest bail denial order, may be read here:

His team plans to appeal against the denial of bail in the high court.

Why is Mevani being targeted?

The timing of Mevani’s arrest is noteworthy as Assembly elections are due in Gujarat this year. It may be recalled that he could not join the Congress along with fellow activist-turned-politician Kanhaiya Kumar in September 2021 due to a technicality but would have joined after his term ended this year. Mevani had created history when he, a Dalit rights activist with modest means, had won the election despite running as an independent. The Congress party has now thrown their weight behind Mevani.

MLA arrest procedures violated?

Mevani’s team alleges that procedures set in law for the arrest of a sitting MLA were ignored with impunity in this case. In fact, Mevani himself was clueless about the charges on which he was being arrested. His team wasn’t handed a copy of the FIR until much later.

NewsClick reported that the Gujarat police had conducted search and seizures at Mevani’s home in Ahmedabad, his MLA quarters, homes of his team members and even the office of Rashtriya Dalit Adhikar Manch (RDAM), a Dalit rights organisation founded by him.

RDAM member and advocate Subodh Parmar told the web portal, “On the morning of April 21, personnel from Ahmedabad Crime Branch visited the office of RDAM in Rakhiyal, Ahmedabad and seized the desktop and its CPU. They also visited home of Kamlesh Katariya in Rakhial, Ahmedabad who is member of RDAM and Mevani’s assistant in the organisation. His mobile was seized by the police. Police then visited Mevani’s MLA quarters and seized two desktops, CPUs, some posters and mobile phones of two of his associates. The same day evening, the police visited residence of Satish, Mevani’s personal assistant in Palanpur. But Satish was not at home so police seized his parents’ mobile phones. They also visited Mevani’s family home in Meghaninagar, Ahmedabad and confiscated some files in presence of his father. Mobile was also seized from Jagdish Chavda, another team member of RDAM who resides near Mevani’s home in Ahmedabad.”

Further, police allegedly failed to follow protocol when they picked up Mevani from the Palanpur circuit house. “No protocol of arresting an elected MLA was followed by the Assam police. They brazenly entered the circuit house late in the night and seized Mevani’s mobile and told him there was an FIR against him and they had come to arrest him. Only after protests at Ahmedabad airport, a copy of complaint was given to us but moment before they boarded the plane,” Parmar told NewsClick.

Some related laws and procedures

A) Exemption of members of legislative bodies from arrest and detention under civil process

According to section 135A of the Code of Civil Procedure, 1908, that deals with the Exemption of members of legislative bodies from arrest and detention under civil process, “No person shall be liable to arrest or detention in prison under civil process:

(a) if he is a member of–

(i) either House of Parliament, or

(ii) the Legislative Assembly or Legislative Council of a State, or

(iii) a Legislative Assembly of a Union territory,

during the continuance of any meeting of such House of Parliament or, as the case may be, of the Legislative Assembly or the Legislative Council;

(b) if he is a member of any committee of–

(i) either House of Parliament, or

(ii) the Legislative Assembly of a State or Union territory, or

(iii) the Legislative Council of a State,

during the continuance of any meeting of such committee;

(i) either House of Parliament, or

(ii) a Legislative Assembly or Legislative Council of a State having both such Houses,

during the continuance of a joint sitting, meeting, conference or joint committee of the Houses of Parliament or, Houses of the State Legislature, as the case may be,

and during the forty days before and after such meeting, sitting or conference.”

This is significant because the 2022 Budget Session of the Gujarat Assembly began in March, therefore Mevani’s arrest falls in the 40-day period after the session.

B) Summons to produce document or other thing; issue of search warrant

Under section 91 (2) of the Code of Criminal Procedure, 1973, “Any person required under this section merely to produce a document or other thing shall be deemed to have complied with the requisition if he causes such document or thing to be produced instead of attending personally to produce the same.”

Therefore, if the police wanted some document or device, they could have issued summons for production of the same, instead of just grabbing things during the multiple search operations. Police are also required to maintain detailed lists of documents, devices and other object seized during such operations.

UnderSection 93 of the CRPC, a Search Warrant is primarily meant to succeed a S91 process which is or is likely to be unheeded.But in this case searches were carried out without giving the parties a chance to willingly offer the document, devices etc. sought by the police.

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

Thu, 01 Jul 2021 09:18:11 +0000

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.

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Assam CM calls Akhil Gogoi “mentally unfit”

Tue, 25 May 2021 09:52:26 +0000

Image Courtesy:nenow.in

Still seething from Akhil Gogoi’s victory in the Assam Assembly elections despite being behind bars, Assam Chief Minister Himanta Biswa Sarma has now alleged that he is “mentally unfit to attend Assembly”.

On Monday, Sarma made the controversial remark against Gogoi, a newly minted Member of the Legislative Assembly (MLA) from Raijor Dol and was elected from Sibsagar. Gogoi, is a human rights defender and activist who has become a political prisoner after following his campaign against the Citizenship Amendment Act (CAA).

Sarma revealed that Gogoi was undergoing treatment for a mental illness at the Guwahati Medical College Hospital (GMHC) and was thus “mentally unfit”.

The Sentinel reported that while replying to a question during a discussion following Governor Jagdish Mukhi’s speech, Sarma said, “Akhil Gogoi has been undergoing treatment at GMCH since four months due to his mental and psychological issues,” further asking, “How can a person like him be allowed to attend the Assembly session?”

There are two issues that need closer examination here:

First, is Sarma trying to stigmatise people undergoing treatment for mental illness by suggesting they are not fit to be part of the workforce?
Secondly, is Sarma wilfully trying to defame Gogoi by making comments that are likely to affect Gogoi’s reputation and decrease confidence in his abilities among his supporters?

This does not take into account privacy issues associated with mental illness, given how Gogoi is now a public servant.

It is noteworthy that Gogoi who started as an RTI and anti-corruption activist, then went on to campaign for peasants’ rights and eventually joined the chorus against CAA in Assam, has long been a thorn in the side of the BJP regime in the state. The regime has retaliated by implicating him in a series of cases on trumped up charges filed in different police stations across the state. Whenever he gets bail in one case, a fresh one is filed against him in another police station.

In another case filed against him at the Chandmari police station that was later transferred to the National Investigation Agency (NIA), Gogoi has been charged under provisions of the Unlawful Activities (Prevention) Act (UAPA), sedition and criminal conspiracy, among other charges. He has been denied bail repeatedly in this case.

So far absurd and trumped up charges filed against Gogoi include unlawful assembly, rioting, wantonly giving provocation with intent to cause riot, promoting enmity between different groups on the basis of religion, race, religion, and language; imputations and assertions which are an impediment to national integration, assault or criminal force to deter public servant from discharging his/her duty, mischief of causing damage to public property, and causing damage to public property by fire or explosive substance! Under UAPA, Gogoi has been charged with terrorist acts with the intent to threaten the unity, security, and sovereignty of India.

In fact, Gogoi was also allegedly manhandled by policemen when he went to attend his own swearing in ceremony. Gogoi has been elected MLA from Sibsagar constituency, in one of the biggest upsets for the BJP given how Gogoi fought and won the election from behind bars.

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Akhil Gogoi allegedly manhandled by cops before being sworn in as MLA

Fri, 21 May 2021 12:56:28 +0000

Image Courtesy:ndtv.com

Human Rights Defender Akhil Gogoi was sworn in as a Member of the Assam Legislative Assembly today amidst high drama. The peasants’ rights and RTI activist who fought and won the election from Sibsagar constituency while still lodged in jail, as he is charged under stringent provisions of the Unlawful Activities (Prevention) Act (UAPA), was allegedly manhandled and harassed by security personnel when he arrived at the venue of the swearing in ceremony.

A video of the incident has gone viral on social media. Gogoi later told media persons that he was pushed, shoved and “treated like an animal”. Gogoi was granted special permission by an NIA Court to attend his swearing in ceremony, but he says not only was he treated badly, the policemen transporting him from the Guwahati Medical College Hospital (GMHC) also flouted Covid-19 norms.

The Wire quoted Gogoi as saying, “From GMCH I was treated and brought here like an animal. The authorities provided me with a broken and dilapidated bus. Inside the bus, there were around 20 police personnel, and the bus was almost full. A constable sat next to me. When I objected to a magistrate that no COVID-19 protocol was being followed I was told that I am an undertrial and my antics will not be tolerated.” Elaborating on further humiliation, Gogoi told the publication, “When I got down from the bus I was pulled by my pants. I was elected by the people of Sivasagar and authorities here dragged me by my belt.”

SabrangIndia had reported previously on how Gogoi who had become a political prisoner ever since he started vociferously campaigning against the Citizenship Amendment Act (CAA), had won from Sibsagar defeating Surabhi Rajkonwari of the BJP by a margin of 11,875 votes.

Brief background of cases against Gogoi

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Akhil Gogoi wins big despite being behind bars!

Mon, 03 May 2021 08:34:31 +0000

Image: News18

Akhil Gogoi, the peasants’ rights activist who has become a political prisoner ever since he took a vocal stand against the Citizenship Amendment Act (CAA), is one of the most significant winners in the Assam Assembly elections. Gogoi contested from Sibsagar and was pitted against Surabhi Rajkonwari of the BJP. But he won by a margin of 11,875 votes.

Gogoi was incarcerated following multiple FIRs filed against him in different police stations. He faces charges under the draconian Unlawful Activities (Prevention) Act (UAPA) and fought elections from behind bars. But it was his well-wishers and especially his octogenarian mother Priyada who led his campaign and inspired people to vote for him.

Though previously, she had to be hospitalised repeatedly due to her failing health in wake of her only son’s arrest, Priyada gathered new energy for the election campaign. She visited village after village daily and appealing people saying, “My son has done nothing wrong in his life. His only crime is that he loves Assam, he loves people of Assam, he can’t tolerate injustice. So, he has been languishing in jail. If you support him, he will do the best for our country. He is not only my son, he is serving as a worthy son to all of you. So, please stand by him, vote for him and stand for his release from the jail.”

Brief background of cases against Gogoi

Assam elections: Akhil Gogoi in jail, elderly ailing mother leads the campaign

SC rejects Akhil Gogoi’s bail plea in UAPA case

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Gauhati HC upholds Akhil Gogoi bail under UAPA

Tue, 13 Apr 2021 04:03:28 +0000

The Gauhati High Court refused to interfere with the order of Special NIA Court granting bail to Akhil Gogoi who was charged under the Unlawful Activities (Prevention) Act (UAPA). The Division bench of Justices Suman Shyam and Mir Alfaz Ali found no infirmity in the order and dismissed the appeal filed by the National Investigation Agency (NIA) deeming it to be devoid of merit.

The appeal was filed by NIA against the Special NIA court, Guwahati order passed in October 2020 granting bail to Akhil Gogoi. The special court had held that the materials against Gogoi 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, and thus granted bail.

The case against Gogoi is that in December 2019, he led a crowd of around 6,000 people in Dibrugarh causing economic blockade and had pelted stones in which the Sub-Inspector Tulumoni Duwarah was injured. In the FIR it was alleged that the mob had tried to murder police personnel on duty. In a matter of days, the case was transferred to NIA and Gogoi and other accused were charged under UAPA. The special court granted bail to the respondent, Gogoi, and thus NIA filed this appeal before the High Court.

Arguments

The NIA submitted that Gogoi led the entire movement which had turned into a violent protest, where a Railway Station and a police vehicle was burnt down besides

spreading sporadic incidents of violence and stone pelting upon the police personnel. Also, at the instance of the respondent, a conspiracy was hatched by the accused persons to attack a particular community of that locality so as to disturb the unity and integrity of the country.

The counsel for NIA submitted that the special court erroneously ignored the incriminating materials available on record demonstrating the strong likelihood of conviction of the respondent and had employed a completely different standard while considering the bail application.

The counsel for the respondent argued that the materials annexed to the charge-sheet does not disclose any ingredient to prima facie presume that the respondent was guilty of any offence committed under section 15(1) of UAPA and thus the bail was rightly granted. He further argued that Citizenship amendment Act (CAA)is a very sensitive issue for people of Assam, and the protests were spontaneous and that there was anger amongst the protestors which had turned violent leading to arson and stone pelting. He contended that there was nothing on record to show that the respondent had ever asked the mob to resort to violence or to attack any community.

Court’s observations

The court observed that “an unlawful activity under section 2(1)(o) of the Act of 1967

could even be spoken words including a provocative speeches but in order to

constitute an offence under the Act of 1967 the same must be done with the

intention to cause death of , or injuries to any person or persons, or to cause loss of or

damage to or destruction of any property aimed at disturbing the unity, integrity,

security and sovereignty of the country”.

The court observed that unless the act complained of strictly comes within the letter and spirit of section 2(1)(o) read with section 15(1) of the Act, the provisions of the Act will not be applicable. Section 2(1)(o) defines unlawful activity and section 15(1) defines a terrorist act. The court thus inferred that unlawful act of any other nature, including acts arson and violence aimed at creating civil disturbance and law and order problems, which may be punishable under the ordinary law, would not come within the purview of section 15(1) of the Act unless committed with the requisite intention.

The court pointed out that section 43D(5) of UAPA imposes fetters on the discretionary power of the Court to release an accused on bail if the court is of the opinion that the accusation is prima facie true. Thus, the accused has to show that the materials on record taken on face value would not establish his guilt and the agency has to produce materials to enable the court to believe that the accused in guilty.

The court cited NIA Vs Zaroor Ahmed Shah Watali (2019) and stated that it will only consider the correctness of the approach of the Special Court in passing the bail order.

The court stated that “It may be true that taking advantage of the public sentiment associated with enactment of CAA, the respondent had delivered fiery speeches whipping up strong passion amongst the masses, which in turn, had led to violent activities which are punishable under the law. It may also be correct to say that the violence resorted by the members of the mob was the direct fall out of the speech delivered by the respondent.”

The court however accorded significance to consider whether Gogoi’s speeches were delivered with the intent to commit a “terrorist act” thereby challenging the unity, integrity, security and sovereignty of India and whether the materials placed on record was sufficient to make the court prima facie believe the same.

The court held that the view held by the special court while granting bail “is a possible view in the facts and circumstances of the case” and thus, found no error in the court’s approach. The court recognised the power to grant bail to be discretionary and held that, “While examining the correctness of the decision rendered in exercise of such discretionary power, if two views are possible, the appellate court would be loath in interfering with the view of the Court below”.

The court, thus, refused to interfere with the order of the Special Court granting bail to Gogoi and held the appeal to be devoid of merit and thus dismissed it.

The complete order may be read here:

Gauhati HC rejects Akhil Gogoi’s bail plea

SC rejects Akhil Gogoi’s bail plea in UAPA case

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Assam elections: Akhil Gogoi in jail, elderly ailing mother leads the campaign

Thu, 25 Mar 2021 07:22:14 +0000

Thousands of people come out to the streets of Sivasagar in support of firebrand peasants’ rights leader Akhil Gogoi on Wednesday, a day before the deadline to end campaigning for the first phase of elections. Akhil Gogoi, who has been in jail for the last 15 months, is contesting from the prestigious Sivsagar legislative assembly constituency as a candidate of Raijor Dal (Party of the People), of which he is the president.

Though Gogoi, who is known for his uncompromising stand against corruption, has been a virtual political prisoner for 15 months, his presence is felt in all the villages of Sivasagar constituency. Many leaders of Raijor Dal are campaigning all over the constituency, all showing his previous lectures and video messages showcasing his commitment to people and the country, dispelling any doubts about his patriotism. The fact that he wasn’t let out despite suffering from a bout of Covid-19 also helped cement his image as a man who scares the ruling regime.

All the major leaders, including some civil society leaders are camping there day and night for Gogoi. Some national civil rights activists like Dr Yogendra Yadav, Sandeep Pandey and Medha Patkar, have also been campaigning on behalf of Akhil Gogoi for the last 15 days in Sivasagar. But his star campaigner is none other than 80-year-old Priyada Gogoi, the ailing yet determined mother of the agrarian leader. Priyada Gogoi is going door to door, campaigning for her son.

Though previously, she had to be hospitalised repeatedly due to her failing health in wake of her only son’s arrest last year, Priyada now appears to have gathered new energy for the election campaign. She is visiting village after village daily and appealing people saying, “My son has done nothing wrong in his life. His only crime is that he loves Assam, he loves people of Assam, he can’t tolerate injustice. So, he has been languishing in jail. If you support him, he will do the best for our country. He is not only my son, he is serving as a worthy son to all of you. So, please stand by him, vote for him and stand for his release from the jail.”

Her efforts bore fruit on Wednesday, when thousands of people came out of their homes spontaneously in support of her son. Supporters of Akhil Gogoi, cutting across communal and ethnic lines, took to the streets in all villages and towns. From Jenganikotiya to Kowarpur, from Meteka to Dichangmukh, all roads were occupied by the supporters of Akhil Gogoi and Raijor Dal. Sivasagar town was full of Gogoi’s supporters all through the day. They walked, chanted slogans, danced and sang in support of their leader, Akhil Gogoi. Narmada bachao andolan leader Medha Patkar, Rights activist Sandeep Pandey, and Priyada Gogoi walked and interacted with thousands of people all throughout the day.

The Krishak Mukti Sangram Samiti (KMSS) leader was arrested in December 2019 in Jorhat and at least a dozen cases were filed against him in different police stations. It is noteworthy that the High Court had granted him bail in three cases: 293/2019, 296/2019 and 307/2019, all of which had been filed by the Chabua police station. He was charged under sections 144, 143, 148, 153, 153 (A), 153 (B), along with Sections 3 and 4 of the Prevention of Damage to Public Property, Act (PDPPA). He has been accused of having Maoist links. A vindictive regime has been harassing the human rights defender for his involvement in the citizenship issue. Every time Gogoi manages to secure bail in one case, he is implicated in a fresh one registered in a new police station!

Earlier this year, the Gauhati High Court had denied him bail on grounds that the materials relied upon by the prosecution prima facie showed that Gogoi had not only led the anti-citizenship law protests, but had provoked people to join him. In February, 2021, a three-judge Supreme Court Bench of Justices NV Ramana, Surya Kant and Aniruddha Bose dismissed Akhil Gogoi’s plea challenging the Gauhati High Court’s order rejecting his bail application.

But the outpouring of support for Akhil Gogoi shows that despite being behind bars, his popularity has not been affected. It remains to be seen if this translates into actual votes and that will not be known before May 2 when votes are counted.

Gauhati HC rejects Akhil Gogoi’s bail plea

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SC rejects Akhil Gogoi’s bail plea in UAPA case

Thu, 11 Feb 2021 11:51:33 +0000

Image Courtesy:dy365.in

A three-judge Supreme Court Bench of Justices NV Ramana, Surya Kant and Aniruddha Bose dismissed Akhil Gogoi’s plea challenging the Gauhati High Court’s order rejecting his bail application, reported LiveLaw.

Earlier this year, the Gauhati High Court had denied him bail on grounds that the materials relied upon by the prosecution prima facie showed that Gogoi had not only led the anti-citizenship law protests, but had provoked people to join him. The court also observed that upon directions issued by him, the supplies essential to life of the community of the country was disrupted in the state.

On February 11, Senior Advocate Jaideep Gupta (appearing for Gogoi) submitted that large scale agitation had taken place while protesting against the Citizenship Amendment Act but it was not related to terrorism. He contended that there were some instances of violence but no evidence on record to show that the petitioner was responsible.

According to LiveLaw, the Bench did not accept this submission and remarked, “Cannot consider bail in light of the allegations as of now. Maybe later, you can file an application. Let the trial proceed. Courts have started functioning now”.

The High Court by its order dated January 7, 2021, had observed that it cannot conclusively be said that the appellant (Gogoi) has been “unreasonably deprived of the right of Article 21 of the Constitution of India”.

Justices Kalyan Rai Surana and Ajit Borthakur of the High Court Bench also held that Akhil Gogoi’s call was “instrumental in violent protests, and damage or destruction to vehicles of military and paramilitary forces, which were to be used for defence of the country.”

It is noteworthy that on February 5, the same Bench of the Gauhati High Court rejected the bail pleas of two booked under UAPA in connection with the citizenship protests. It held that brandishing swords, burning down of railway stations and vandalism constitutes a “terrorist act” under Unlawful Activities (Prevention) Act.

The order may be read here:

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Gauhati HC rejects Akhil Gogoi’s bail plea

Fri, 08 Jan 2021 04:12:47 +0000

On Thursday, the Gauhati High Court rejected the bail plea of peasants’ rights activist Akhil Gogoi. This is in connection with the case filed against him at the Chandmari police station that was later transferred to the National Investigation Agency (NIA). Gogoi has been charged under provisions of the Unlawful Activities (Prevention) Act (UAPA), sedition and criminal conspiracy, among other charges, for his vocal dissent against the Citizenship Amendment Act (CAA).

A vindictive regime has been harassing the human rights defender for his involvement in the citizenship issue. Every time Gogoi manages to secure bail in one case, he is implicated in a fresh one registered in a new police station! His fellow activists Bitu Sonowal, Dharjya Konwar and Manas Konwar had also been implicated as co-accused in many of these cases and had recently secured bail.

The rejection of bail is going to prove to be a hurdle for Gogoi who was expected to contest the upcoming Assembly elections in Assam under the aegis of the Raijor Dol, a new political party backed by the KMSS.

The order may be read here.

No Maoist links, NIA trying to smear anti-CAA agitation: KMSS

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