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UAPA case: Supreme Court seeks NIA response on appeal by Akhil Gogoi against Gauhati High Court order setting aside his discharge

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.

It was held that speeches delivered by Gogoi did not contain any incitement to violence.

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 three co-accused (Dhirjya Konwar, Manas Konwar and Bittu Sonowal) in the case had also been discharged by the court.

The court had found Gogoi had made no imputations prejudicial to unity and integrity of India or national integration. Further, nothing personally or vicariously had linked Gogoi to acts of vandalism observed during the protests.

The High Court, however, overturned this verdict on February 9.

Source: Barandbench

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