Gogoi and three others were booked for the offences in relation to December 2019 protests and speeches against the Citizenship Amendment Act (CAA) and alleged links to Maoist organisations.
They were charged under various provisions of Unlawful Prevention Activities Act (UAPA) and for Sedition (section 124A), promoting enmity between religious groups (section 153A) and 153B (Statement against national integration) under the Indian Penal Code.
The special NIA court in Guwahati had in July 2021 discharged Gogoi of all the charges against him.
The special court had gone on to the extent of stating that the speeches made by Gogoi far from inciting violence, in fact exhorted people not to resort to violence.
The special court had underscored that temporary blockades/protests without incitement to violence would not constitute a terrorist act under Section 15 of UAPA.
The High Court had, however, overturned this verdict on February 9 this year, stating that the special Court had ‘travelled way beyond the level of sifting of evidence’ permissible at the stage of framing charges, and its order read like that of an acquittal than discharge.
It had, therefore, remitted the matter back to the special court for fresh consideration on framing of charges, leading to the present appeal before the top court.
Source: Barandbench
