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Gauhati High Court upholds Akhil Gogoi’s NIA court bail order

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Guwahati, April 13: The High court upheld the special National Investigation Agency(NIA) court order that granted bail to peasant leader Akhil Gogoi in October last year and said that “unlawful acts including arson and violence aimed at creating civil disturbance and law and order problems can’t be termed as a terrorist act under the purview of Unlawful Activities (Prevention) Act unless committed with the requisite intention”.

Akhil Gogoi contested the election from Raijor Dal from Sivasagar constituency. Gogoi is the president of the newly formed regional party Raijor Dal.

The High Court bench comprising Justice Suman Shyam and Justice Mir Alfaz Ali pointed that sub-section (1) (a) of Section 15 of UAPA can be attracted only if an alleged act is in the nature of “terrorist act” and involves the use of bombs, explosive substances and other lethal weapons. “The dominant intention of the wrong-doer must be to commit a ‘terrorist act’ coming within the ambit of Section 15(1) of the Act,” the verdict delivered on April 9 read.

Akhil Gogoi, contested Assembly Assembly election from Jail. Raijor Dal projected him as their one of the strongest candidate who can change the fate of regionalism in Assam.

The Raijor Dal was born out of anti-CAA movement to strengthen regionalism in Assam. The party have fielded many candidates in the recently concluded Assam election.

Akhil Gogoi was arrested against a case lodged against him at Chabua in Dibrugarh district in December 2019 under various sections of IPC.

Subsequently, sections 15(1) (a)/16 of UAPA were added to it. The trial in the case is yet to start. The case was later transferred to NIA the same month and a charge sheet was filed in June last year.

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