A special NIA court on Tuesday framed charges against Assam MLA Akhil Gogoi and his three associates under the stringent UAPA and IPC for their alleged role in the violent anti-CAA agitation of 2019.
The court had earlier given a clean chit to all four accused in the case, against which the National Investigation Agency (NIA) approached the Gauhati High Court that allowed the reopening of the case and framing of charges.
Special NIA Judge SK Sharma framed charges against Gogoi under Section 18 (conspiracy of terrorist act) of the Unlawful Activities (Prevention) Act, and IPC sections 120B (criminal conspiracy), 153A (promoting enmity between different groups) and 153B (statements prejudicial to national integration), his counsel Santanu Borthakur said.
On the other hand, charges were framed under Section 18 of the UAPA and 120B of the IPC against Dhaijya Konwar, Bittu Sonowal and Manash Konwar, he said.
The court, however, rejected the UAPA Section 39 (support to a terrorist organisation) and IPC Section 124A (sedition) as suggested by the NIA in its charge sheet.
"All the four accused are on bail given by the Supreme Court and they will not be taken in custody during the course of the trial. The case will continue and if they wish, they can approach the high court against this verdict," Borthakur said.
The NIA was investigating two cases against Gogoi, an Independent MLA who founded the Raijor Dal, and his three associates for their alleged role in the violent anti-Citizenship (Amendment) Act stir in the state in December 2019.
Gogoi told PTI, "This again proves that we are with the people and this government wants us to be kept inside the jail. The fight against a fascist and communal government is a very troublesome and expensive affair." He said that all four will approach the high court against the framing of charges.
"This case was closed by the NIA. But the government was after us and went to the high court and got it reopened. There was immense pressure from the government. This shows the mentality of the BJP government," he said.
Initially, Gogoi's bail was rejected by the court, but the other three got bail and were released from jail.
Gogoi was released after he spent 567 days in jail once Special NIA Judge Pranjal Das had cleared him along with the three others of all charges.
Out of the two cases that NIA was probing, the special NIA court had granted him bail in one and it was upheld by the high court too in April 2021 after the probe agency challenged it.
However, the RTI activist-cum-peasant leader continued to be in judicial custody as his bail plea was rejected in the second case related to anti-CAA violence.
The special NIA court on July 1, 2021, released Gogoi and his three associates for their alleged role in the violent anti-CAA stir in the state in December 2019 and observed there was nothing to indicate "talk of blockade" threatened the country's economic security or was "a terrorist act".
In a strongly worded judgement, the special NIA court had said that in the interests of justice, it found the conduct and approach of the investigating authority in the case to be "discouraging", to say the least.
"The court has high expectations from a premier investigating agency like the NIA, entrusted with the profoundly important task of protecting our country and us, citizens from the menace of terrorism.
"The court hopes and expects that, such high standards will be upheld, for sake of the country and this one will be just an exception," Judge Das had said in his order.
Gogoi, who contested as an Independent from Sibsagar in 2021, became the first person in Assam to win an election while being behind bars. He took oath as an MLA with special permission from the court.
After the HC allowed for the reopening of the case, Gogoi and the others approached the Supreme Court, which gave them relief by offering bail till the completion of the case.
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