Peasants’ rights activist Akhil Gogoi’s bail plea in case related to anti-CAA protests dismissed by SC

The Supreme Court on Thursday dismissed a plea by peasants' rights activist Akhil Gogoi challenging the Gauhati High Court order rejecting his bail plea.

A three Judge Bench of Justice NV Ramana, Justice Surya Kant and Justice Aniruddha Bose denied grant of bail ‘at this stage’ in light of the allegations against Gogoi, Live Law reported.

During the hearing, Senior Advocate Jaideep Gupta appearing for Gogoi submitted that large scale agitation had taken place during anti-CAA protests. “It’s not related to terrorism at all. There were some instances where there was violence at some places but there is no evidence that petitioner was responsible. It does not amount to an act of terrorism on a prima facie basis,” he said.

"Cannot consider bail in light of the allegations as of now. Maybe later, you can file an application," Justice Ramana stated.

"Let the trial proceed. Courts have started functioning now," Justice Surya Kant observed.

The Gauhati High Court had rejected Gogoi’s bail plea in connection with a case registered against him under Sections 120B, 124A, 153B IPC and Sections 18 (Punishment for conspiracy, etc.) and 39 (Offence relating to support given to a terrorist organisation) of the UA(P) Act.

As per the charge sheet, the case against Gogoi is that:

• He "led violent protests" during the anti-CAA agitation, which were aimed to strike terror in all sections of people in India, irrespective of caste, creed and religion.
• He was associated with proscribed organization CPI (Maoist), and had sent cadres of KMSS (Krishak Mukti Sangram Samity) to train in Maoist camps.
• Conspired, advocated, abetted and advised the commission of terrorist act.
• Gave provoking speeches, promoted enmity between different classes of people on grounds of religion, race, place of birth, residence, language which is pre judicial to maintenance of harmony and caused widespread disharmony and disaffection towards the government established by the law.
• Conspired and orchestrated widespread blockade in the state of Assam, thereby paralyzing the government machinery, causing economic blockade.
• Provoked the mobs to cause damage to public property and grievous injury to officials on government duty.