New Delhi, April 18 The Supreme Court on Tuesday upheld the Gauhati High Court order, which set aside the discharge of independent Assam MLA Akhil Gogoi in connection with a case connected with anti-CAA protests and suspected Maoist links.
A bench of Justices V. Ramasubramanian and Pankaj Mithal confirmed the high court order in all respects, but granted bail to Gogoi pending trial, noting he has suffered imprisonment for about 567 days.
"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," it said.
It further added that 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," it noted.
"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.
The high court, allowing an appeal filed by the National Investigation Agency (NIA), had remanded the matter back to the trial court to conduct a fresh hearing on the question of framing of charge against all the four accused persons including Gogoi.
The top court noted that in fact, the offences under the Indian Penal Code alleged against the petitioner are punishable only with imprisonment for a period of up to 3 years and it is only the offences alleged under the Unlawful Activities (Prevention) Act, which are punishable with larger terms of imprisonment.
"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," it said.
Gogoi had moved the top court challenging the February 9 order of the high court allowing the special NIA court in Assam to proceed with the framing of charges against him in one of the two cases.
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