SC Extends Protection From Arrest to Assam MLA Akhil Gogoi
Guwahati: The Supreme Court on March 3 extended the protection from arrest given to independent Assam MLA Akhil Gogoi till March 13 in a case involving anti-Citizenship Amendment Act protests and possible Maoist ties. Gogoi, who has been outspoken in his criticism of the Central government during the protests had appealed to the Supreme Court the Gauhati High Court’s decision of February 9 that had permitted the special NIA court in Assam to move forward with charging him in one of the two cases.
Justices V Ramasubramanian and Pankaj Mithal’s panel delayed the case to March 13 during the hearing after observing that the petitioner’s advocate was not present. The bench ruled that interim protection would last until the next date.
The National Investigation Agency (NIA) had previously informed the Supreme Court that bail could not be given to Gogoi because he is allegedly the state’s top Maoist official. However, Gogoi has asserted that “political vendetta” is the reason behind the cases brought against him.
Prior to this, the high court had given the NIA permission to ask for the special court to frame charges against Gogoi and three of his friends in relation to anti-CAA protests and possible Maoist ties.
The NIA had appealed the special NIA court’s decision to clear the four, leading to the high court’s decision. After reviving the case, a high court division bench asked the agency to proceed with the framing accusations.
After spending 567 days in custody, Gogoi was freed in July 2021 after Special NIA Judge Pranjal Das exonerated him and three other defendants of all charges relating to the violent anti-Citizenship (Amendment) Act uprising in the state in December 2019. He was still being looked at, though, in another incident of anti-CAA violence.
The NIA subsequently petitioned the Gauhati High Court, pleading with the court to grant the agency’s request to file charges against Gogoi under the Unlawful Activities (Prevention) Act of 1967 and various IPC provisions, including sedition.
According to Gogoi’s attorney Santanu Borthakur, they will keep pursuing the matter and justice for their client. The MLA now has to wait until March 13 to learn what would happen next in his case after the Supreme Court decided to grant Akhil Gogoi protection from arrest.