In interim relief to Assam MLA Akhil Gogoi who was booked and arrested on terror charges during the nation-wide protests against the Citizenship Amendment Act (CAA), the Supreme Court has restrained NIA from taking him into custody until next hearing.
The activist-turned politician has filed an appeal against the Gauhati High Court order whereby his discharge order in connection with offences under the Unlawful Activities (Prevention) Act, 1967 was set aside.
A division bench of Justice V. Ramasubramanian and Justice Pankaj Mithal has issued Notice to National Investigation Agency.
“Let notice be served on the standing counsel for the state (NIA), for the limited purpose of considering the grant of protection to the petitioner from arrest pursuant to the impugned order, returnable on Friday, February 24. In the meantime, the petitioner shall be protected against arrest in connection with [this] FIR, " the order reads.
Gogoi has been booked under Sections 120B (criminal conspiracy), 124A (sedition), 153A (promoting enmity between different communities), and 153B (making imputations and assertions prejudicial to national integration) of the Indian Penal Code, 1860 and various UAPA provisions.
He has been elected to the State Assembly during his incarnation defeating the opposition BJP's candidate. Subsequently, special NIA Court released him and four othes after 1.5 years of incarnation on the grounds of non-availability of material to frame charges.
However, earlier this month, Gauhti High Court sert-aside the special court oder and remanded the matter back for fresh charge-hearing against all the four accused.
Aggrieved of the above, Gogoi approached Top Court arguing that the high court failed to even examine whether a prima facie case was made out in the matter before overturning the special court’s verdict.
He contended that his conduct during the protest was not in line with destroying the national integrity or any terrorist activity. Inter-alia, he has alleged the misuse of the NIA by his political opponent to frame him.
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