NIA court drops charges against Akhil Gogoi on terror-link, but frames charge under UAPA Act

Syllad | The Rising MeghalayaOctober 22, 2024

A Special NIA Court in Guwahati on Tuesday dropped terror-related charges against independent MLA Akhil Gogoi, while still framing charges against him under sections of the Unlawful Activities Prevention Act (UAPA) for his alleged role in the 2019 anti-Citizenship (Amendment) Act protests.

Special Judge SK Sharma dismissed two significant charges—Section 39 of the UAPA (supporting a terrorist organization) and Section 124A of the IPC (sedition). These charges were related to allegations that Gogoi had merged his organization, Krishak Mukti Sangram Samiti (KMSS), with the banned CPI (Maoist).

However, the court still charged Gogoi under Section 18 of the UAPA, which involves conspiracy to commit a terrorist act, and additional IPC sections for criminal conspiracy, promoting enmity between groups, and actions harmful to national integration. This case comes after a 2021 NIA court decision had initially cleared Gogoi of all charges.

Gogoi was arrested on December 12, 2019, for his role in the anti-CAA protests, which had turned violent and led to the deaths of five people. The case against Gogoi and his associates was initially filed at the Chabua police station in Dibrugarh district. His three associates were detained a day after his arrest, and they were all accused of being involved in violent activities linked to the protests.

KMSS, under Gogoi’s leadership, played a central role in mobilizing opposition to the CAA in Assam, arguing that the law threatened the cultural and demographic identity of the state. Following his arrest, Gogoi spent over 18 months in jail. On July 1, 2021, the special NIA court released him, clearing him of all charges and stating that there were no prima facie grounds to prosecute him, thereby dismissing the case.

The case was reopened following an appeal by the National Investigation Agency (NIA) in the Gauhati High Court. In February 2023, the High Court allowed the NIA to frame charges against Gogoi and his three associates—Dhaijya Konwar, Bittu Sonowal, and Manash Konwar.

This marked the revival of legal proceedings against them in connection with their alleged involvement in the 2019 anti-CAA protests.

Gogoi’s lawyer, Santanu Borthakur, pointed out that the NIA court had rejected key charges under UAPA Section 39 (support for a terrorist organization) and IPC Section 124A (sedition) due to a lack of sufficient evidence. Nevertheless, the framing of charges under other sections of the UAPA and IPC indicates that the case will continue to move forward, even though significant accusations have been dismissed.

After the court proceedings, Akhil Gogoi took to X (formerly Twitter) to express his views, stating, “The state spares no one unless there is compromise or surrender. Justice here is just a word in the dictionary.” In his comments to the media, he emphasized that a previous NIA judge had acquitted him and his associates—Dhaijya Konwar, Bittu Sonowal, and Manash Konwar—of all charges, effectively closing the case. However, he pointed out that the state government appealed to the Gauhati High Court, which led to the reopening of the case and ultimately brought it to the Supreme Court.

Gogoi accused both the Home Ministry and the Assam government of attempting to keep him and his associates imprisoned indefinitely by labelling them as terrorists. He has indicated his intention to challenge the NIA court’s recent judgment in the Gauhati High Court, signalling his determination to fight the charges against him and maintain his position in the ongoing legal battle.