The Asian Age

Gauhati HC upholds Akhil Gogoi bail order

Says civil disturbanc­e can’t be UAPA offence

- MANOJ ANAND

In a landmark judgment the Gauhati high court has upheld the bail granted by a special NIA court to RTI activist and peasants’ leader Akhil Gogoi in relation to his alleged role in violent protests against the Citizenshi­p (Amendment) Act in Assam in 2019.

Implying that civil disturbanc­e which arises out of protests cannot be considered acts of terror, the bench of Justice Suman Shyam and Justice Mir Alfaz Ali stated, “The dominant intention of the wrongdoer must be to commit a ‘terrorist act’ coming within the ambit of Section 15(1) of the Act. What, therefore, follows is that unlawful act of any other nature, including acts of arson and violence aimed at creating civil disturbanc­e and law and order problems, which may be punishable under the ordinary law, would not come within the purview of section 15(1) of the Act of 1976 unless it is committed with the requisite intention.”

The bench observed, “Upon analysing the ratio laid down in the aforesaid decision of the apex court, it becomes evident that an unlawful activity under section 2(1)(o) of the Act of 1967 could even be spoken words, including provocativ­e speeches. But in order to constitute an offence under the Act of 1967, the same must be done with the intention to cause the death of, or injuries to any person or persons, or to cause loss of or damage to or destructio­n of any property aimed at disturbing the unity, integrity, security and sovereignt­y of the country.”

Mr Akhil Gogoi was arrested by Assam Police on December 12, 2019 as a preventive measure while protests against the Citizenshi­p Amendment Bill in the state raged and resulted in violence at several places. The case was transferre­d to NIA two days later. Since then he has been in judicial custody from where he has contested the Assembly election from Sivasagar constituen­cy.

The NIA court had granted bail to Mr Akhil Gogoi on October 1, 2020. The NIA subsequent­ly challenged the lower court’s order in the high court.

 ?? Akhil Gogoi ??
Akhil Gogoi

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