A group of prominent citizens in Assam has filed an e-plea in the Gauhati High Court seeking early hearing of a case under which peasant leader and anti-Citizenship Amendment Act activist Akhil Gogoi has been arrested.
In the appeal addressed to Chief Justice Ajai Lamba on Friday, the group said: “We are deeply concerned at the unfair treatment meted out to Akhil Gogoi, a social activist of standing. He has been under detention from December 12, 2019, in connection with the National Investigation Agency case (13/2019) under section 120B, 253A, 153B of IPC and Sections 18 and 39 of the Unlawful Activities (Prevention) Act, 1967.”
The petitioners include intellectual Hiren Gohain, former Director-General of Police Harekrishna Deka, retired professor Apurba Kumar Baruah and independent Rajya Sabha member Ajit Kumar Bhuyan.
The plea pointed out that the NIA’s special court granted Mr. Gogoi bail on March 16 after the investigative agency failed to charge-sheet him within the mandatory 90 days. The NIA had appealed against this order before the High Court.
“On April 7, the High Court stayed the operation of the NIA special court’s order and the matter was referred to the full bench by the division bench on the point of maintainability of the appeal. It appears that the full bench has not met till date as the case has not been heard after March 16,” the plea said.
Mr. Gogoi has subsequently been moved from one jail to another across the State after being re-arrested several times in connection with old cases related to alleged Maoist activists and fomenting violence.
“It is a matter of serious concern because a person has been in jail for four months in a case where the NIA has not been able to file a chargesheet and now he is not being heard promptly. We understand that because of the pandemic all procedures are affected,” the plea said.
It added that the delay in hearing of the case amounted to depriving a citizen of his fundamental right to liberty merely on suspicion because the NIA has not been able to file a chargesheet yet.
“In the interest of justice, we respectfully urge Gauhati High Court to facilitate an early hearing of the case,” the petitioners said.
