A special NIA court on Tuesday has charged Assam MLA Akhil Gogoi and 3 associates under the Unlawful Activities (Prevention) Act and the Indian Penal Code for their alleged involvement in the violent anti-Citizenship Amendment Act protests of 2019.
This development comes after the National Investigation Agency successfully appealed to the Gauhati High Court to reopen the case, which had initially resulted in a clean chit for the accused.
Special NIA Judge SK Sharma framed charges against Gogoi under Section 18 of the UAPA (conspiracy of a terrorist act) and IPC Sections 120B (criminal conspiracy), 153A (promoting enmity between different groups), and 153B (statements prejudicial to national integration).
His associates—Dhaijya Konwar, Bittu Sonowal, and Manash Konwar—face similar charges under UAPA Section 18 and IPC Section 120B.
The court dismissed the NIA’s request to apply UAPA Section 39 (supporting a terrorist organization) and IPC Section 124A (sedition).
All four accused remain on bail granted by the Supreme Court and will not be taken into custody during the trial. Their counsel, Santanu Borthakur, indicated that they could appeal this verdict to the High Court.
The NIA was investigating two cases against Gogoi, who is an Independent MLA and founder of the Raijor Dal, concerning his alleged role in the December 2019 anti-CAA protests in Assam. Gogoi responded to the charges by stating, “This proves that we are with the people, and this government wants us imprisoned.
The fight against a fascist and communal government is challenging and costly.” He confirmed that they plan to challenge the charges in the High Court.
Gogoi’s legal troubles began when he was initially denied bail, while his associates secured their release. After spending 567 days in jail, he was released following a previous ruling by Special NIA Judge Pranjal Das, who had cleared him of all charges at that time. The court noted there was no evidence to suggest that discussions of a blockade posed a threat to the country’s economic security or constituted a terrorist act.
In a strongly worded judgment, Judge Das criticized the investigative approach of the NIA, stating, “The court has high expectations from a premier investigating agency like the NIA, entrusted with the task of protecting our country and citizens from terrorism.”
In a remarkable political achievement, Gogoi became the first person in Assam to win an election while incarcerated, taking his oath as an MLA with special permission from the court in 2021.
After the High Court’s decision to reopen the case, Gogoi and his associates sought relief from the Supreme Court, which granted them bail pending the case’s resolution.
