The Gauhati High Court dismissed the order of the special NIA court and granted bail to KMSS chief and Raijor Dal President Akhil Gogoi in connection with a case related to inciting violence during the anti-CAA protests in Assam in 2019.
A division bench of justices comprising of Suman Shyam and Mir Alfaz Ali disposed the appeal filed by the NIA challenging the special court's order granting bail to Gogoi.
According to reports, the HC bench held that merely causing civil disturbance, without the element of intention to cause 'terrorist act' would not fall within the ambit of unlawful activity under section 2(1)(o) of the UAPA Act.
A NIA special court in Guwahati in October last year had granted bail to Gogoi in connection with the case lodged initially at Chabua police station in Dibrugarh district.
In a hearing on Monday, the high court made it clear that to attract the offences punishable under the Unlawful Assemblies (Prevention) Act, 1967— the act complained of must be a "terrorist act" committed with the intention to threaten the integrity, sovereignty of India, etc.
Gogoi's counsel Santanu Borthakur said that the high court dismissing the prayer of the State has upheld the lower court's order of granting bail to Gogoi.
