The Gauhati High Court on Monday directed the NIA Special Court in Guwahati to transfer the case against activist Akhil Gogoi and three others to a regular court for charge hearing under the Indian Penal Code (IPC). The court held that the materials on record were sufficient to frame IPC charges but not charges under the Unlawful Activities (Prevention) Act (UAPA), 1967.
Background of the Case
The case was initially registered at Chabua police station on December 10, 2019, and was transferred to the National Investigation Agency (NIA) in 2020. The accused include Akhil Gogoi, Jagjit Gohain, Bhaskarjit Phukan (also known as Swagaditya Phukan or Swargaditya Phukan), and Bhupen Gogoi.
High Court's Observations
A bench of Justice Sanjay Kumar Medhi and Justice Mridul Kumar Kalita stated that while the materials were insufficient to frame charges under Section 16 of the UAPA, they were sufficient to frame charges under the IPC provisions mentioned in the chargesheet. The bench noted that the Special Judge, NIA, does not have jurisdiction to try IPC offences, and therefore, the case must be transferred to a regular court under Section 20 of the NIA Act, 2008, which has jurisdiction under the Code of Criminal Procedure, 1973, or the BNSS, 2023.
Appeal and Previous Verdict
The court delivered its verdict in an appeal filed by the NIA in 2021, challenging the NIA Special Court's judgment that discharged Akhil and the others from all charges under the UAPA and IPC in June 2021.
Arrests and Allegations
Police in Dibrugarh arrested Akhil on April 1, 2020, Jagjit on February 19, 2020, and Bhaskarjit and Bhupen on May 11, 2020, for their alleged roles in inciting people during the anti-CAA protests. According to the FIR filed by then Sub-Inspector Tulumoni Duwarah on December 10, 2019, a gathering of about 6,000 people led by Akhil blocked railway tracks as part of an economic blockade against the Citizenship Amendment Bill, 2016. The FIR also alleged criminal conspiracy and stone-throwing at police.
Chargesheet and Trial Court Decision
After investigation, NIA Chief Investigating Officer DR Singh filed a chargesheet on June 26, 2020, under 10 charges, including criminal conspiracy, unlawful assembly, rioting, and attempt to murder under the IPC, as well as committing a terrorist act under the UAPA. In June 2021, the special court discharged all accused from all charges.
High Court's Ruling on IPC Charges
The High Court stated that on consideration of the statements of witnesses, the facts disclose the existence of ingredients necessary to constitute the IPC offences alleged in the chargesheet. The bench concluded that the trial court had erred in discharging the accused of the IPC offences. However, the HC agreed with the trial court's finding that there were no materials to frame charges under the UAPA.
