Guwahati: Assam legislator Akhil Gogoi on Thursday walked free after nearly 19 months in captivity as a special NIA court cleared him of all charges under UAPA for his alleged role in the violent anti-CAA stir in the state in December 2019.
Gogoi, an Independent MLA from Sivasagar constituency, walked out of the Gauhati Medical College and Hospital (GMCH), where he was being treated for various ailments, after the special NIA court sent the release order to the Guwahati Central Jail.
The Raijor Dal chief and his associates were accused in two cases under the Unlawful Activities (Prevention) Act for their alleged role in violent protests in Assam against the Citizenship (Amendment) Act in 2019.
"Truth has finally prevailed, though no efforts were spared to keep me behind the bars," he told reporters after his release.
Describing the judgement as "historic and exemplary", Gogoi said that Special NIA Judge Pranjal Das has established the independence of the judiciary.
The legislator said that he will forever remain grateful to all those who donated whatever amount they could for meeting the legal costs, and to get him elected as an MLA from jail. He will leave for his constituency on Friday morning.
Earlier, the court said there was no "prima facie materials to frame charges against the accused persons" and the "ends of justice demands that the accused be discharged, without making him suffer the process of trial".
Special NIA Judge Pranjal Das said, "From his speeches available on record, Sri Akhil Gogoi cannot be imputed with any incitement to violence. There are also no materials to link Gogoi with vandalism and damage to property that took place during the said CAA protest due to such agitations led by various organizations."
He further observed, "Protests in a democracy are sometimes seen to take the form of blockades also, even causing inconvenience to citizens. However, it is doubtful such blockades for temporary periods, if unaccompanied by any incitement to violence, would constitute a terrorist act within the meaning of Section 15 of the UA (P) Act. That in my mind, is beyond the intention of the legislature. There can be other laws to address that."
The court also said it had found the "conduct and approach of the investigating authority/prosecution in this case, to be discouraging, to say the least".
It added, "The court has high expectations from a premier investigating agency like the NIA, entrusted with the profoundly important task of protecting our country and us, citizens from the menace of terrorism. The court hopes and expects that, such high standards will be upheld, for sake of the country and this one will be just an exception."
The NIA was investigating two cases, which were initially registered at Chabua and Chandmari police stations, related to the alleged role of Gogoi and his associates in the violent protests.
Gogoi and three of his associates were cleared of all charges in the second case during the day, while he and two other associates were cleared of charges in the first case on June 22 by the NIA court.
NIA Special Judge Pranjal Das dismissed the charges brought against Gogoi and his three associates Dhairjya Konwar, Manas Konwar and Bitu Sonowal in connection with the Chandmari case in which they were accused of having Maoist links.
Gogoi has been cleared of the UAPA cases, while he has already received bail in the other cases filed under various sections of the Indian Penal Code. There were 13 cases filed against him in connection with the CAA protests.
Gogoi was arrested on December 12, 2019, from Jorhat, during the height of the anti-CAA protests in the state, as a "preventive measure" in view of the deteriorating law and order situation in the state and his three associates were taken into custody the next day.
They were later handed over to the NIA and booked under UAPA for their alleged role in the violent protests and their possible links with Maoists.
Gogoi became the first jailed leader in Assam to win an Assembly election this year.