SC grants Akhil Gogoi bail in UAPA case after HC sets aside his discharge
Gogoi was arrested in December 2019 for his alleged Maoist links following his participation in protests against the Citizenship (Amendment) Act
The Supreme Court has granted bail to Assam lawmaker Akhil Gogoi in a case under the Unlawful Activities Prevention Act (UAPA) even as it upheld a high court order setting aside a special court’s July 2021 verdict discharging him.
A bench of justices V Ramasubramanian and Pankaj Mithal on Tuesday brushed aside the National Investigation Agency (NIA)’s objections while noting it was a fit case for granting bail. It said the investigation in the case was over and there was nothing to show that Gogoi was involved in any unlawful activity since he was discharged.
“In this case, the investigation is over and the petitioner is not yet a convicted criminal. Therefore, we do not think that any purpose will be served in allowing the special court to remand him to custody and then enabling him to move an application for bail.” The bench said Gogoi will remain out on bail during the period of trial on the fulfilment of the special court’s conditions.
Gogoi moved the Supreme Court after the high court set aside his discharge on February 9. His lawyer, Huzefa Ahmadi, argued his client should be granted bail if the trial resumes.
Gogoi was arrested in December 2019 for his alleged Maoist links following his participation in protests against the Citizenship (Amendment) Act.
The bench said except for the offences under UAPA, Gogoi faces charges including sedition, which is punishable with a maximum sentence of three years, half of which he has already been incarcerated for.
