The Gauhati High Court on Thursday overturned the NIA court’s decision to release Assam MLA Akhil Gogoi and three others in the UAPA case involving alleged acts of violence during demonstrations against the Citizenship Amendment Act (CAA) in 2019.
A division bench of Justice Suman Shyam and Justice Malasari Nandi was hearing a petition filed by NIA against the judgmentdated 01.07.2021 passed by the Special Judge, NIA (Assam) by which all the four accused persons were discharged on the ground that there was no material available on record so as to frame charges against them.
While remanding back the matter to the NIA Court for fresh charge-hearing against all the four accused, the bench observed,
“On a careful reading of the impugned judgment and order dated 01.07.2021, we are of the considered opinion that the impugned judgment has the trappings of an order of acquittal rather than an order of discharge. As such, the approach of the learned Special Judge, NIA, in our considered opinion, was clearly erroneous in the eye of law, thus having a vitiating effect on the impugned judgment.”
Appearing for NIA, Advocate D. Saikia argued that the prosecution had submitted additional charge-sheet on 29.06.2021 bringing additional materials in the form of evidence of protected witness to argue that there was sufficient evidence available against the accused persons and to establish that they were the members of a “terrorist gang”.
Advocate Saikia also contended that the NIA Court denied the prosecution a fair opportunity to present its case, thereby violating natural justice principles.
It was also claimed by the NIA counsellor that the transcripts of intercepted telephonic conversations between the main accused and his associates show that he was making calls to completely block the National Highway, to destabilise the government, and to gherao the homes of some Ministers, including the Chief Minister of Assam.
The court said by refusing to grant time to the prosecution to place its case in the light of the materials brought on record, more particularly the additional charge-sheet, the trial court denied a fair opportunity to the prosecution to present its case.
The court further stated that the trial court has recorded elaborate findings to arrive at the conclusion that the prosecution has failed to produce sufficient materials to show that the accused persons were members of a “terrorist organization”.
The court remanded the case back to the NIA Court for reconsideration and a new hearing on the issue of charging all four accused persons.
The bench directed the parties to appear before the lower court on February 23.
