Gauhati HC upholds Akhil Gogoi bail order
Says civil disturbance can’t be UAPA offence
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.