New Delhi [India], April 18 : The Supreme Court on Tuesday upheld the Guwahati High Court order and refused his plea seeking discharge in connection with anti-CAA protests.
Meanwhile a bench of justices V Ramasubraman and Pankaj Mithal directed to release independent Assam MLA Akhil Gogoi on bail till the completion of the trial as per terms set by the trial court in connection with anti-CAA protests.
Earlier on March 20, the top court reserved an order on Gogoi's plea challenging the Guwahati High Court order which has allowed the probe agency to frame charges against Gogoi and three others in connection with anti-CAA protests.
A bench of justices V Ramasubraman and Pankaj Mithal reserved the order after arguments were concluded in the matter.
The National Investigation Agency in Guwahati High Court challenged the order of a Special NIA Court on July 1 in 2021, giving a clean chit to the four accused.
Hearing the plea, the High Court asked the agency to proceed with framing charges after reopening the case.
Aggrieved by the Judgment of the Gauhati High Court allowing an appeal preferred by the National Investigation Agency and thereby reversing an Order of discharge passed by the Special Court, Gogoi filed a special leave petition in the Supreme Court challenging the HC order.
Gogoi was arrested on December 17, 2019 and a charge- sheet was filed on May 29, 2020.
The court noted that the petitioner Gogoi has suffered incarceration for about 567 days from December 17, 2019 July 1, 2021. He has been out as a free man for the past more than 21 months.
"It is important to note that his freedom was secured not by an order of bail, but by an order of discharge passed by the Special Court, which has now been reversed by the High Court. Nothing has been brought on record to show that during this period of 21 months, when the petitioner has been a free man, he has indulged in any unlawful activity. On the contrary, the petitioner got elected to the Legislative Assembly in the year 2021 and he is now a sitting member of the Assembly," the top court said.
"Except in cases of preventive detention, the purpose of detaining a person in police/judicial custody, is either to facilitate fair and proper investigation or as a measure of penalty after conviction. In this case, (i) the investigation is over and (ii) the petitioner is not yet a convicted criminal. Therefore, we do not think that any purpose will be served in allowing the Special Court to remand him to custody and then enabling him to move an application for bail," the top court said.
"Therefore, the special leave petition is disposed of (i) confirming the Judgment of the High Court in all respects but (ii) directing the release of the petitioner on bail, pending trial, subject to such terms and conditions as may be imposed by the Special Court (NIA) Guwahati," the top court said.
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