3 years after NIA court cleared Assam MLA Akhil Gogoi, he is charged under UAPA in same case

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Akhil Gogoi astatine  an anti-CAA protestation  successful  Assam successful  December 2019. (Express record  photo)Akhil Gogoi astatine an anti-CAA protestation successful Assam successful December 2019. (Express record photo)

A Special NIA Court Tuesday framed charges against Sivasagar MLA Akhil Gogoi and 3 others, including nether sections of the Unlawful Activities Prevention Act, for their alleged relation successful the 2019 anti-Citizenship (Amendment) Act protests successful the state. This comes much than 3 years aft an NIA tribunal cleared Gogoi of each charges successful the case.

The lawsuit against Gogoi, an Independent MLA and person from the determination outfit Raijor Dal, and his associates had been filed astatine the Chandmari constabulary presumption successful December 2019. It is 1 of 2 cases filed against him during the anti-CAA protests successful the state, which had turned violent.

On Tuesday, Special Judge S K Sharma framed charges against Gogoi nether conception 18 of the UAPA, which pertains to conspiracy oregon effort to perpetrate a violent act, arsenic good arsenic nether IPC sections pertaining to transgression conspiracy, promoting enmity betwixt antithetic groups, and assertions prejudicial to nationalist integration.

However, the tribunal dropped 2 important charges made by the NIA successful its chargesheet – conception 39 of the UAPA, which pertains to enactment fixed to a violent organisation, and section 124A of the IPC, which pertains to sedition. The FIR had alleged that Gogoi “secretly merged” his organisation, KMSS, with the Revolutionary Communist Centre and the second was aboriginal merged with the banned CPI (Maoist).

Gogoi was successful jailhouse for implicit one-and-a-half years aft his apprehension connected December 12, 2020. On July 1, 2021, helium was released aft a peculiar NIA tribunal cleared him of each charges, stating that determination was nary “prima facie materials to framework charges against the accused persons” and the “ends of justness demands that the accused beryllium discharged, without making him endure the process of trial”.

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This was appealed by the NIA successful the Gauhati High Court and successful February past year, and the HC allowed the NIA to framework charges.

“Challenging an oppressive authorities is precise hard and dense work. Today’s charges marque 1 happening clear: the authorities is inactive moving against us… The tribunal had fixed america relief, this tribunal had said that the charges against are wholly mendacious charges and that this lawsuit cannot beryllium taken up successful court. Now again the authorities is pressing for the lawsuit to beryllium taken up,” said Gogoi aft Tuesday’s tribunal proceedings.

Gogoi’s ineligible typical Santanu Borthakur said, “Once the tribunal frames the charges, determination are 2 options. Either to look proceedings oregon to attack the High Court against this. We are mulling implicit the substance and aft studying the verdict, we volition speech to our client.”

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