The Gauhati High Court upheld the bail order of activist Akhil Gogoi by a Special National Investigation Agency (NIA) Court in relation to his alleged role in violent protests against the Citizenship (Amendment) Act in Assam in 2019.
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Dismissing an appeal by NIA, a High Court Bench comprising Justices Suman Shyam and Mir Alfaz Ali said a person may be booked under the Unlawful Activities (Prevention) Act (UAPA) only if his crime is an act of terrorism and reflects the intent to threaten India’s sovereignty, integrity and unity sufficiently.
Unlawful act of any other nature, including acts [of] arson and violence aimed at creating civil disturbance and law and order problems, which may be punishable under the ordinary law, would not come within the purview of Section 15 (1) of the Act of 1976 unless it is committed with the requisite intention,” the court said, according to Live Law.
The High Court said that the bail order was passed after the charge sheet was filed on June 26 and no formal charges have been framed against Gogoi yet.
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“The materials submitted along with the charge sheet are basically statements of the witnesses recorded under section 161 of the CrPC [Code of Criminal Procedure] which obviously do not have any evidential value,” it added.
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