A Special NIA Court, situated at Gauhati, had discharged Akhil Gogoi, Chief of Raijor Dal, in the Chandmari case which involved offences under Unlawful Activities (Prevention) Act [UAPA] and Indian Penal Code [IPC].
In the instant case, Akhil Gogoi had been alleged to have conspired hatred and disaffection towards the government, using the path of Citizenship Amendment Bill, which in turn promoted enmity amongst different groups of people.
The bench held that speeches available on record, of accused no. 1, could not have been imputed to incite any sort of violence. The bench also noted that no materials had been placed before it bridge a link between accused no. 1 and the vandalism and damage to property which had occurred during the CAA protests.
The bench further observed that the agitations had been led by various organization. The bench putforth that protests in a democracy could be interpreted as a blockade which causes inconvenience to the citizens.
The bench raised a doubt whether such temporary blockades, if not accompanied by incitement to violence, would amount to a terrorist act within the provision under Section 15 of UAPA. The bench clarified that such an interpretation is beyond the intention of Legislature and thus, other laws must be brought in a frame to address such issues.
The bench also observed that merely on the basis of testimonies of few witnesses, who had heard accused no. 1 talking about blockade and closure, it could not be considered that there are prima facie materials which indicate such conversation to have taken place with an intention to threaten the economic security and integrity of India.
The bench concluded that such a deduction would not be appropriate to frame charges like terrorist act and sedition. Therefore, the bench discharged Akhil Gogoi and three others in the Chandmari case.
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