HC orders transfer of Akhil anti-CAA case to regular court for IPC charge hearing

Guwahati: The Gauhati high court on Monday directed the NIA Special Court, Guwahati to transfer the case against Akhil Gogoi and three others to a regular court for charge hearing under the provisions of the Indian Penal Code (IPC), after holding that materials on record were sufficient to frame IPC charges but not charges under the Unlawful Activities (Prevention) Act (UAPA), 1967.

The case was registered initially at Chabua police station on Dec 10, 2019 and it was transferred to the NIA in 2020.

A bench of Justice Sanjay Kumar Medhi and Justice Mridul Kumar Kalita said while the materials were insufficient to frame charges under Section 16 of the UAPA, 1967, “same are sufficient to frame charges against them respondents under the provisions of IPC, with which they have been chargesheeted.”

“As the court of Special Judge, NIA, does not have any jurisdiction to try the offences under the Indian Penal Code with which the respondents (Akhil Gogoi and three others) have been chargesheeted, it will, therefore, transfer the aforesaid case, under Section 20 of the NIA Act, 2008, to the regular court having jurisdiction under the Code of Criminal Procedure, 1973 or BNSS, 2023,” the bench stated.

The other accused in the case are Jagjit Gohain, Bhaskarjit Phukan alias Swagaditya Phukan alias Swargaditya Phukan and Bhupen Gogoi.

The court delivered the verdict in an appeal filed by the NIA in 2021 challenging the NIA Special Court, Guwahati judgment passed in 2021 discharging Akhil and others of all charges under the UAPA, 1967 and IPC.

Police in Dibrugarh arrested Akhil on April 1, 2020, Jagjit on Feb 19, 2020, Bhaskarjit and Bhupen on May 11, 2020 for their alleged role in inciting people in the anti-CAA protests.

According to the FIR filed by then SI of Chabua police station, Tulumoni Duwarah on Dec 10, 2019, a gathering of about 6000 people against the Citizenship Amendment Bill, 2016 led by Akhil blocked the railway track as part of an economic blockade. The FIR also alleged that Akhil and others criminally conspired against police and threw stones at them.

After investigation, NIA chief investigating officer DR Singh filed a chargesheet on June 26, 2020, against the accused under 10 charges, including criminal conspiracy, unlawful assembly, rioting and attempt to murder under the IPC, and also under the charge of committing a terrorist act under the UAPA, 1967, before the NIA Special Court in Guwahati. In June 2021, the special court discharged all of them from all charges under the UAPA and IPC.

In its judgment, the HC said, “We are, of the considered opinion that on consideration of the statements of witnesses on their face value, the facts which emerges therefrom, discloses the existence of ingredients necessary to constitute offences alleged under IPC in the chargesheet. Hence, we are of the considered opinion that the trial court had erred in discharging the respondents of the offences alleged against them under Indian Penal Code in the charge-sheet.”

The bench added that it did not concur with the trial court’s decision that there were no materials to frame charges under the IPC for the offences alleged in the charge-sheet.

However, the HC agreed with the trial court’s finding discharging the accused of the charge under the UAPA, 1967.