Source: The Print

AKHIL GOGOI GRANTED BAIL IN THREE CASES BY GAUHATI HC;

CONTINUE TO REMAIN IN CUSTODY

THIS POST WAS WRITTEN BY BHAVYA

Akhil Gogoi, the said human rights activist from Assam has been granted bail by Justice
Manash Ranjan Pathak in 3 out of 5 cases pending against him. The Gauhati High Court on
Thursday, decided against the Assam Police plea to continue his custody in the three cases
filed against the accused in the Chabua police station in Dibrugarh District of Assam. The
cases were in connection with the anti-CAA protests laid by him in December. He was
arrested on May 29th for the following cases which were related to burning of a post office, a
circle office and a branch of the United Bank of India in Chabua district. He was already in
jail at that time in reference to the cases filed against him by NIA. The plea for bail also
included granting release owing to his deteriorating health. He was earlier tested positive for
covid19.

Though the court decided in favour of the bail application submitted by Gogoi’s counsel for
the case, Santanu Borthakur, he will continue to remain in the Gauhati Central Jail
attributed to 2 cases pending against him which is yet to be probed by the National
Investigation Agency (NIA).

EARLIER ARRESTS

Akhil Gogoi was first arrested on December 12th, 2020 amidst the violent CAA protests. His
three associates were also taken into custody the next day from Jorhat as a preventive
measure. After that he was allegedly named as an accused in numerous non bailable offences,
which didn’t allow his release even after getting regular bail in some of the cases. He was
released on March 17th, 2020 on account of non submission of chargesheet, only to be
arrested again on March 19th, 2020 by Sivsagar police station in illegal assembly case. He
was sent for 14 days custody on March 23 rd, 2020. He was released on March 27th. He was
again taken into shown arrest (not required to present accused in court before arrest) by
Dibrugarh police, who were awaiting his release from Sivsagar jail in order to take him in
their custody. He was granted bail on March 31st, 2020 in the Dibrugarh case, but the bail was
cancelled on April 7th, 2020.

On May 29th, he and his associates were again inculcated in sedition and terrorism case after
chargesheets were filed against them by NIA. But, two of his associates namely, Bittu
Sonowal, Mahesh Konwar have already been granted bail. Akhil and his 4th associate,
Dhaijya Konwar are yet to be granted bail. Both have been found covid19 positive and are
been provided medical care in Gauhati Medical College and Hospital.

ABOUT THE ACCUSED AND HIS PREVIOUS INVOLVEMENT

Akhil Gogoi is a human rights activist, a native of Assam and the founder member of Krishak
Mukti Sangram Samiti (2005). He came into light after he publically exposed Public
Distribution System (PDS) scam clandestinely running from years with the help of
middlemen and small interveners in his own home district of Golaghat. He later laid protest
against numerous public affairs where public interests clashed with the government plans.
This includes his 2009 protest for withdrawing dam projects in North East, his protest against
the non justifiable restrain and AFSPA enforced in Assam, making him a cult figure for youth
and eventually fetching him Shanmugam Manjunath Integrity Award for his said fight against
corruption, suppression and red tapeism.

The arrest made against him in a series of cases, which initiated from his first arrest on
December 12th, 2020 is nothing unprecedented for the KMSS chief, who has earlier been
arrested for instigating a mob in 2011. The case filed was regarding leading violent
procession in Anti- CAA protests. He was arrested under section 120B (criminal conspiracy),
124A (sedition), 153A (hate speech), 153B (imputations and assertions prejudicial to national
integration) of IPC. He was also charged under section 18 and 39 of newly amended
Unlawful assembly act (UAPA), which could make him first person to be tried as a terrorist
under UAPA. He was released on bail by special Nation Investigation Agency (NIA) on
March 17th because of the inability of NIA to submit chargesheet against him in the
maximum allotted period of 90 days.
REFERENCE

[i] https://www.livelaw.in/news-updates/anti-caa-protests-gauhati-hc-grants-bail-to-akhil-
gogoi-in-three-cases-160014

[ii] https://www.frontlinedefenders.org/en/case/guwahati-high-court-suspends-bail-granted-
human-rights-defender-akhil-gogoi

[iii] https://theprint.in/india/nia-arrests-rti-activist-akhil-gogoi-amid-assam-unrest-charges-
him-under-amended-uapa/335484

[iv] https://theprint.in/india/gauhati-high-court-grants-akhil-gogoi-bail-in-3-cases-lodged-by-
assam-police/462492/

[v]ibid