Supreme Court confirms Gauhati High Court’s order and grants bail to Akhil Gogoi in the UAPA case

On April 18, 2023, the Supreme Court of India confirmed the verdict of the Gauhati High Court to set aside the Special Court’s order to discharge activist-turned-politician Akhil Gogoi in a case under the UAPA (Unlawful Activities Prevention Act). The bench, Justice Pankaj Mithal, and Justice V. Ramasubramanian granted bail to Gogoi and stated that “the special leave petition is disposed of (i) confirming the judgment of the High Court in all respects but (ii) directing the release of the petitioner on bail, pending trial, subject to such terms and conditions as may be imposed by the Special Court (NIA) Gauhati. There will be no order as to costs.” In March, the Supreme Court reserved its verdict after hearing the submissions from the parties. During the submissions, the Additional Solicitor General appearing for the National Investigation Agency, Aishwarya Bhati, stated that “Maoist organizations are making the country bleed by a hundred cuts, if not a thousand cuts. They are waging a war against the government, especially the security agencies, which are our protectors. The rule of law itself is threatened by these organizations.”

In 2019, Gogoi was arrested when the protest against the CAA (Citizenship Amendment Act) was at its peak. He was arrested under Sections 120B, 124A, 153A, and 153B of the Indian Penal Code. Further after spending one and a half years in detention, he was discharged along with other three persons on the ground of the non-availability of materials that would help in framing charges against him. In February, the same was set aside by the High Court, and the remand for a fresh-charge hearing was made against all four accused. A division bench of Justices Malasari Nandi and Suman Shyam observed that “The impugned judgment has the trappings of an order of acquittal rather than an order of discharge. As such, the approach of the special judge, NIA, in our considered opinion, was clearly erroneous in the eye of law, thus having a vitiating effect on the impugned judgment.” The matter was then presented before the top Court which confirmed the High Court’s order and granted bail to Gogoi.

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