A special National Investigation Agency (NIA) court has framed charges against Assam MLA Akhil Gogoi and his three associates under the Unlawful Activities (Prevention) Act (UAPA) and the Indian Penal Code (IPC) for their alleged involvement in the anti-Citizenship Amendment Act (CAA) protests.
Special NIA Judge SK Sharma framed charges against Gogoi under Section 18 (conspiracy) of the UAPA and IPC sections 120B (criminal conspiracy), 153A (promotion of enmity), and 153B (imputations, assertions prejudicial to national integration). However, the court dismissed charges under UAPA Section 39 (support to terrorist organizations) and IPC Section 124A (sedition), which had been proposed by the NIA in its charge sheet.
Reacting to the court’s decision, Gogoi termed the struggle a “fight against a fascist government.” He stated, “This again proves that we are with the people and this government wants us to be kept inside the jail. The fight against a fascist and communal government is a very troublesome and expensive affair.” Gogoi further alleged that the case, which had been closed by the NIA, was reopened due to immense pressure from the government, reflecting the mentality of the BJP administration.
Gogoi also took to X to say, “The state will not spare anyone unless there is compromise and surrender. Justice here is just a dictionary word.”
Charges were also framed under Section 18 of the UAPA and 120B of the IPC against Gogoi’s associates Dhaijya Konwar, Bittu Sonowal, and Manash Konwar.
The CAA, which aimed to provide citizenship to non-Muslim refugees from Pakistan, Bangladesh, and Afghanistan, sparked widespread protests in Assam and other parts of India. Many in Assam feared that the Act would lead to an influx of immigrants, threatening the cultural and linguistic identity of the indigenous population.
Through his organization, Krishak Mukti Sangram Samiti (KMSS), Gogoi led several demonstrations against the CAA. The protests in Assam turned violent, resulting in clashes with the police and the death of five people in police firing. Gogoi was arrested on December 12, 2019, and charged under various sections of the IPC and UAPA for his alleged role in the violence. In 2021, while still in jail, Gogoi contested and won the Sibsagar seat in the Assam Legislative Assembly elections. He was released from jail in July 2021 after spending 15 months in detention.
The Citizenship Amendment Act, 2019
The framing of charges against Akhil Gogoi and his associates marks a significant development in the ongoing controversy surrounding the anti-CAA protests.
The Citizenship Amendment Act (CAA) modified the Citizenship Act of 1955 to expedite the citizenship process for certain Hindu, Sikh, Buddhist, Jain, Parsi, and Christian migrants from Afghanistan, Bangladesh, and Pakistan. This new legislation reduced the residency requirement from 11 years to 5 years for these groups, as long as they entered India before December 31, 2014. However, the Supreme Court recently upheld Section 6A of the Citizenship Act, 1955, which put the cut off date for citizenship for Bangladeshi immigrants that entered Assam to be March 25, 1971.
The CAA has sparked widespread protests across India. Critics argue that the Act discriminates based on religion, violating the secular principles in the Indian Constitution. There are also concerns that, when combined with the National Register of Citizens (NRC), it could render many Muslim citizens stateless if they fail to meet stringent documentation requirements.
In Assam and other northeastern states, the protests were particularly intense due to fears that the Act would lead to an influx of immigrants, threatening the cultural and linguistic identity of the indigenous population. The protests led to violent clashes, resulting in several deaths and injuries. However, the act excludes certain areas in the North-East, such as tribal areas in Assam, Meghalaya, Mizoram, and Tripura, as well as regions under the Inner Line Permit (ILP) system. An ILP is an official travel document issued by the state government concerned to allow inward travel of an Indian citizen into a protected area for a limited period.
Manbilas Singh is a talented writer and journalist who focuses on the finer details in every story and values integrity above everything. A self-proclaimed sleuth, he strives to expose the fine print behind seemingly mundane activities and aims to uncover the truth that is hidden from the general public. In his time away from work, he is a music aficionado and a nerd who revels in video & board games, books and Formula 1.
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