[Anti-CAA Protests] Gauhati HC Admits Akhil Gogoi's Plea Against NIA Court's Order Rejecting His Bail; NIA Directed To Produce Records [Read Order]

The Division Bench of Justices Kalyan Rai Surana and Ajit Borthakur observed,

"The learned APP seeks at least 4 (four) weeks' time to respond. However, as this is essentially a matter relating to bail and personal liberty of the appellant, we are inclined to grant only 2 (two) weeks' time." (emphasis supplied)

This appeal under section 21 (4) of the NIA Act, 2008 has been directed against the order dated 13.07.2020 passed by the learned Special Judge, National Investigation Agency, in Misc Case (NIA) No.18/2020, thereby rejecting the prayer for bail.

Cases against Gogoi

It may be noted that Akhil Gogoi was arrested for his alleged role in instances of violence during the protests against the Citizenship Amendment Act in Assam last year.

In the midst of the intense anti-CAA movement, Gogoi was arrested on December 12 last year from Jorhat as a "preventive measure" in view of the deteriorating law and order situation in the state and his three colleagues were taken into custody the next day.

In August, an NIA court in Guwahati had rejected his bail application. Gogoi had then approached the High Court.

It may be noted that on July 16^th, the Gauhati High Court had granted him bail in three cases lodged by the Assam Police in connection with the violent anti-Citizenship (Amendment) Act protests in December last year.

While granting bail to activist Akhil Gogoi in three cases registered over alleged violence in protests against Citizenship Amendment Act 2019, the Gauhati High Court had ordered that he should not indulge in "any activities or protest".

The three cases, for which Gogoi was arrested on May 29 while he was already in jail, were related to the burning of a post office, a circle office and a branch of the United Bank of India in Chabua during violent protests against the controversial Citizenship (Amendment) Act.

However, even after being granted bail in three cases by the Gauhati HC, he remained in jail as the cases against him were being probed by the National Investigation Agency (NIA).

Also, Gogoi, the adviser of KMSS (Krishak Mukti Sangram Samiti), had tested positive for COVID-19 inside Guwahati Central Jail on July 11 and was treated at Gauhati Medical College and Hospital (GMCH) at present.

Currently, the NIA is investigating two cases against Gogoi, which were filed at Chandmari and Chabua police stations, related to the alleged role of Gogoi and three of his colleagues in the violent protests

It may be noted that the special NIA court had granted bail to Gogoi on March 17 in the Chandmari police station case and subsequently to others after the investigating agency failed to file a charge sheet within the specified period of 90 days. The Gauhati High Court later stayed the bail.

On May 29, the NIA filed the charge sheet against Gogoi and three of his colleagues for sedition and terror activities.

The Gauhati High Court has directed the NIA to produce the case records on the next date of hearing i.e., on13^th October.