CAA protest: NIA court clears Akhil Gogoi of all charges under UAPA

He was arrested for his involvement in the anti-CAA stir in Assam in December 2019

Anti-CAA leader and Assam MLA, Akhil Gogoi, who was in judicial custody since December 2019 was on Thursday cleared from all charges by a special NIA court, enabling him to walk out of the jail.

One of Akhil's lawyers, Krishna Gogoi told reporters in Guwahati that the NIA court cleared him and three others from all charges under the Unlawful (Activities Prevention) Act and sections of IPC. "There are no prima facie materials to frame charges against the accused persons," said the court in its 120-page judgment.

Akhil and several of his aides in Krishak Mukti Sangram Samiti (KMSS) were arrested during the anti-CAA agitation that turned violent in Assam in December 2019. Akhil was booked in 13 cases which included charges of sedition. Two cases were subsequently handed over to the NIA.

The NIA, in its charge sheets, had alleged Akhil's involvement with the Maoists and said that a group of KMSS members had undergone arms training in a Maoist camp.

Three of his aides, Dhaijya Konwar, Bitu Sonowal and Manas Konwar were also cleared by the court on Thursday.

This case was first registered in Chandmari police station in Guwahati.

The special court had similarly cleared Akhil from another NIA case initially registered with Chabua police station in Dibrugarh district.

Akhil walked out of the Gauahati Medical College and Hospital where he was admitted for treatment. He later went to the house of Sam Stafford, a youth who died in police firing during the anti-CAA protests in Guwahati. Four others died similarly.

"BJP wanted me to keep inside so that they could win the elections and curtail the anti-CAA movement," Akhil said.

Akhil, who formed Raijor Dal, a political party before the Assembly elections held in March-April, contested the polls from within judicial custody and was elected from the Sivasagar constituency in eastern Assam.

NIA's role criticised

The NIA court, in its judgment, said it found the conduct and approach of the investigation authority/prosecution in the case, to be discouraging.

"The court has high expectations from a premier investigating agency like the NIA, entrusted with the profoundly important task of protecting our country and us, citizens from the menace of terrorism. The court hopes and expects that such high standards will be upheld, for sake of the country and this one will be just an exception," it said.

Akhil claimed this was for the first time that the premier investigation agency could not frame charges against an accused.

"They booked me in a fake case and they kept me inside for more than one and half years for no crime," he said. He had earlier alleged that NIA officers tortured him and asked him to give up the anti-CAA agitation and join BJP and RSS.

Akhil has been vocal against BJP, RSS and Assam Chief Minister Himanta Biswa Sarma for their stand in favour of the CAA that seeks to offer citizenship to non-Muslim migrants till 2014.

The anti-CAA agitators including Akhil say the CAA would reduce the indigenous Assamese people into minorities by giving citizenship to a large number of post-1971 Hindu migrants from Bangladesh.