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Akhil Gogoi’s bail petition in UAPA case rejected by the Supreme Court

Akhil_Gogoi- law insider

Sreya Kanugula

Mr. Akhil Gogoi, the Raijor Dal political party president’s bail petition concerning the UAPA case registered on him was rejected by the Supreme Court today. The NIA (National Investigation Agency) case was filed on him on the allegation of his supposed role in the protests that took place against the Citizenship (Amendment) Act that had turned violent eventually.

His plea for bail was dismissed by the bench comprising Justice N V Ramana, Surya Kant, and Aniruddha Bose. “Cannot consider bail in light of the allegations as of now. Maybe later, you can file an application” was the statement given by Justice Ramana.

And Justice Kant expressed “Let the trial proceed. Courts have started functioning now.

However, it was mentioned by the bench that the Apex Court could be approached by the petitioner for bail as soon as the case’s trial begins. This was the information given to Adv. Runamoni Bhuyan.

Mr. Gogoi’s plea was rejected by the High Court of Gauhati before in January.

Since he was arrested in December 2019, Mr. Gogoi had been lodged in the Central jail of Guwahati on the aforementioned allegations made concerning the protests that happened against the Citizenship Amendment Act.

The NIA booked the activist-politician on sedition as well provisions concerning terrorism given under the UAPA because of his engagement with the movement against CAA.

Right before Assam’s elections, Gogoi-led Krishak Mukti Sangram Samiti organisation (KMSS) had announced the establishment of “Raijor Dal,” a brand-new political party. The movement against CAA, KMSS had played a major role to organise the protestors in Assam.

This will be the formulation of a second new political party in recent times in Assam with their goal being winning the incoming elections.

Facts of the case

The appeal registered by Mr. Gogoi under the National Investigation Agency Act, 2008’s section 21(4) challenged the 13th July 2020 order which was approved by a Special Judge (NIA) in Assam.

According to the sheet that encases all of his charges, the allegation made against Gogoi was that he was the one to lead “violent protests” during the agitation period against the CAA.

He had associations with the CPI/Maoist organisation and that KMSS members received formal training from such Maoist camps.

The charge of conspiring, advocating, and abetting a terrorist act (as under the sec. 15(1)(a)(iii) of UA(P) Act) was laid on Mr. Gogoi.

The rest of the charges included were on “provoking speeches” being given, orchestration of Statewide blockades and mob provocation to damage public property, and so on were also made against Mr. Gogoi.