Background
Akhil Gogoi has a long history of criminal activities ranging from extortion, inciting violence, abetting suicide to criminal conspiracy and instigating communal hatred. Gogoi was also accused of being Maoist. As per Gogoi he respects the ideology of Mao Zedong. Gauhati High court while dismissing separatist akhil bail plea said that anti CAA agitation is not a satyagraha, the court said that the use of violence in the name of protest can’t be termed as satyagraha. The High court in his order made scathing
IMPORTANT INFORMATION
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➣ In June 2011, Akhil was arrested by the police. He was charged with 10 cases of rioting, arsoning, and damaging public property [1].
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➣ The Congress led state government in 2014 had accused him of being a ‘Maoist’. Akhil told India Today that KMSS respected the ideology of Mao Zedong [2].
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➣ Akhil in 2017 was accused of instigating the public at a rally to take up arms against the democratically elected government of India [3].
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➣ Akhil Gogoi was also arrested for his role in conspiring the violent protests against the Citizenship (Amendment) Act in December 2019 [4].
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➣ 15 criminal cases against Gogoi were registered in connection with the violent CAA protests. Six out of those 15 were under UAPA sections, also 64 plus FIRs have been filed against gogoi[5].
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➣ The High Court dismissed Gogoi’s bail plea. Assam High Court said that “Anti-CAA agitation was not a Satyagraha as portrayed by the partakers but fell into terror activities defined under the Unlawful Activities (Prevention) Act” [6].
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➣ Akhil Gogoi has a long history of instigating hatred among communities leading to mass violence [7]. In 2017, he was accused of involvement in deep-rooted conspiracy to create enmity between people of different ethnicities in Assam [3].
INTRODUCTION
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➣ Akhil Gogoi is an Independent MLA from Sibsagar District(108), Assam since 2021. He is from Lukhurakhon village in Jorhat district, Assam. He pursued BA in English literature from Cotton college (currently known as Cotton University) Guwahati, 1996 batch. He is the founder and President of Raijor Dal since 2020. He is also the founding leader of Krishak Mukti Sangram Samiti (KMSS) since 2005 [8].
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➣ Akhil Gogoi has a long history of criminal activities ranging from extortion, inciting violence, abetting suicide to criminal conspiracy and instigating communal hatred. Gogoi was also accused of being Maoist. As per Gogoi he respects the ideology of Mao Zedong. Gauhati High court while dismissing separatist akhil bail plea said that anti CAA agitation is not a satyagraha, the court said that the use of violence in the name of protest can’t be termed as satyagraha. The High court in his order made scathing observation,”such conduct of paralyzing the government machinery, causing economic blockade, causing enmity between groups, disruption of public peace an widespread disharmony and dissatisfaction towards the government, are acts which are prejudicial/for national integration and such acts squarely falls within the definition of “terrorist act” as defined in section 15 of the UA(P) Act [6].”
SOCIAL MEDIA ACCOUNTS
IMPORTANT ACTIVITIES
- From mid-2009, Gogoi had led a statewide movement against Development of the North East, opposing construction of big dams in the regions of Assam and Arunachal Pradesh. His organization KMSS demanded immediate halt to the ongoing construction of the dam of Lower Subansiri, a mega hydroelectric power project under NHPC with an estimated capacity of 2000 MW. In December 2011, a huge number of anti-big dam protesters led by Gogoi stopped trucks transporting parts of turbines to the Lower Subansiri Hydro electric Power Project site in Gerukamukh, Lakhimpur district, thereby significantly slowing down the process of construction of the dam for the next many years [9].
- Akhil Gogoi was arrested by the police on march 3, 2014 for allegedly abetting suicide and conspiring in criminal activities leading to self immolation by pranab boro a member of KMSS [8].
- He was arrested under 308 for abetting in the act leading to the death and under 120(B) of entering into a criminal conspiracy.
- Gogoi was accused of blackmailing and extortion from traders by the then congress Chief Minister Tarun Gogoi [8].
- Subsequently as Gogoi was charged with extortion and blackmail, a number of KMSS leaders parted ways with him.
- Kamal Medhi the then convenor of KMSS accused Akhil Gogoi of conspiring against anyone who criticized him [8].
- Leaders including Medhi claimed that the aims and objectives of KMSS had changed drastically to the point that the members of KMSS have often provided wrong information to the people [8].
- Kamal Kumar Medhi resigned from all positions of the KMSS and its affiliated organizations in 2016. As per Medhi, Gogoi acts like a Dictator in KMSS. Along with Kamal Medhi, 3 other members also abandoned Gogoi [10].
- Akhil Gogoi has a long history of instigating hatred among communities on ethnic and linguistic lines, leading to mass violence.
- Akhil was wanted in a case of provoking protests against eviction on September 19, 2016. He was arrested for allegedly inciting a mob during the eviction drive near UNESCO’s world heritage site [11].
- Akhil was one of those who were related to terrorism under provisions of the UA(P)A for involvement in the anti-CAA movement in Assam [12].
- Three people, including a nine-year-old child, died in the firing and scores of protesters, policemen and bystanders were injured in the protests by akhil gogoi led KMSS [8].
- The purpose behind the protests was to paralyze the government machinery, specifically when Japan’s Prime Minister was stated to visit Assam, the court said [13].
- In 2016, During the Kaziranga eviction, people witnessed violence after the far left fanatical Akhil Gogoi allegedly instigated a mob. In that violence some people lost their lives and many were injured [14].
- Kaziranga eviction was done following the Gauhati High Court order, by the Assam state govt on the illegal Bangladeshis who had encroached the forest land of Kaziranga [11].
- Akhil supported those Bangladeshis who entered India illegally and were living illicitly in an ecologically preserved area of Assam [11].
- It is reported that when a Joint Parliamentary Committee on the citizenship bill led by BJP MP Rajendra Agarwal visited Gauhati on May 7 in 2018, Gogoi disturbed the delegation for an hour, and his organization KMSS organized state-wide protests against the democratic Government of India [4].
- Akhil Gogoi was arrested by Assam Police on December 12, 2019 in the wake of the protests against the impending Citizenship (Amendment) Act, 2019. A suo moto case was registered against him at Chandmari Police Station on the next day and on the very next day, the case was transferred to the National Investigation Agency (NIA) who booked him under the Unlawful Activities (Prevention) Act (UAPA) [15].
- The case was registered against Akhil Gogoi following his arrest for a speech he delivered on 12 December 2019 at an anti-CAA protest in Chabua, Dibrugarh district [16].
- The High Court, in its order, made scathing observations while dismissing Gogoi’s bail plea in 2021. It said that anti-CAA agitation was not a Satyagraha as portrayed by the partakers but fell into terror activities defined under the Unlawful Activities (Prevention) Act [6].
- The High Court said that the Akhil led violent protests during the anti-CAA agitation were aimed to strike terror in all sections of people in India, irrespective of caste, creed and religion [13].
- After Prime Minister Narendra Modi announced the repeal of three farm laws , Akhil Gogoi on 22nd November 2021, urged to start an anti CAA protest and gave a clarion call to all organizations to restart the agitation and be firm to repeal the act just like the farmers of the country [17].
- Akhil Gogoi threatened the Indian govt on 12 December 2022 speaking to media personnel that “He is still ready to start a fresh anti-Citizenship Amendment Act (CAA) agitation if the government tries to impose it. Akhil Gogoi added that he still opposes the CAA and is waiting for the right time to start another agitation against it” [18].
- In 2023, The Special NIA court reopened a case against Assam MLA Akhil Gogoi and his three associates in connection with anti-CAA protests following a directive of the Gauhati HIGH COURT [19].
- Akhil tried to misguide Assamese peoples by saying that if Assamese sentiments are not respected then the state will have to secede from the Union Of India.
- Terror activist Gogoi again raised his Opposition on CAA implementation in Assam and urged their supporters to protest against the Indian Government After the honorable Union Home Minister Amit Shah’s declaration that the CAA would be implemented prior to the Lok Sabha 2024 polls [20].
OTHER DIFFERENT ACTIVITIES
- On 24th June 2011, secretary of Krishak Mukti Sangram Samiti(KMSS) Akhil Gogoi was arrested from Guwahati Press Club Akhil has been charged by assam police in 10 cases of rioting, arsoning, damaging public property and illegal meeting amid reports that the Assam government is also considering National Security Act (NSA) against him. Three people were killed and over 50 others were injured in police firing in the Violence which was led by akhil [1].
- On 27 November, 2018, far-left radicals protested against the Indian government under the garb of ‘Farmer rights’ in Kisan Mukti March, Akhil Gogoi also participated in this protest [21].
- On 30th January 2023, Far left activists came together at Delhi’s Jantar Mantar and gave the Slogan, “ Leave Hate, Save Constitution” under the garb of ‘Social Issues’. Medha Patkar, Annie Raja, Shabnam Hashmi, Akhil Gogoi, Prafulla Samanta, Anjali Bhardwaj participated in the meeting including farmers, laborers, lawyers, and politicians [22].
- On 14th March 2023, Akhil going was suspended from the Assembly for disturbing the Governor's Speech, because of his lack of discipline.
- The Assam Cattle Preservation Act, 2021 aims at regulating slaughter, consumption and transportation of cattle in the state. It prohibits sale, offer or exposure of beef in areas, which are predominantly inhabited by Hindu, Jain, Sikh and other non-beef eating communities, most of which are minorities in the region. Akhil Gogoi on 6th September 2023 led a rally against the Assam Cattle Preservation Act, 2021, He tried to spread hatred against the religious minorities through this rally organized in Dhemaji district’s Jonai [23].
SUPPORTED INDIVIDUALS
- On 2nd April 2020, More than 30 supporters of Akhil from across India issued a statement expressing their strong support over the incarceration of Akhil Gogoi. The signatories also said that they would write to the Chief Justice of India S.A. Bobde, if Akhil Gogoi is not granted bail soon [24].
The list of signatories is mentioned below:-
- Apurba Kumar Baruah (retired Prof. NEHU)
- Ajit Kumar Bhuyan
- Ashok Vajpeyi
- Adip Phukan
- Atul Sood (Jawaharlal Nehru University)
- Bhaskarjit Neog (Jawaharlal Nehru University)
- Deb Mukherji (IFS retired)
- Dharamvira Gandhi (Cardiologist & Ex-MP)
- Dwipen-Bezbaruah (Professor, Gauhati University)
- Fr Cedric Prakash (Human Rights activist)
- Hiren Gohain
- Indrani Dutta (retired Prof. OKD Institute of Social Change and Development)
- Kalpana Kannabiram (Council for Social Development, Hyderabad)
- Kamal Mitra Chenoy (Jawaharlal Nehru University)
- Kamal Nayan Choudhury (Advocate, Gauhati High Court)
- M.A Kalam (Dean – Administration and Regulatory Affairs and Prof. o Anthropology, Kera University)
- Mahadev Vidrohi (president, Sarva Seva Sangh, Akhil Bharat Sarvodaya Mandal)
- Manorama Sharma (retired Prof. NEHU, Sustha Samaj Bikash Chakra & Assam School of Journalism)
- Manoranjan Mohanty (retired Prof. Delhi University & public Intellectual)
- Mrinal Pandey (senior journalist)
- Navsharan Singh (Independent researcher, Delhi)
- Nivedita Menon( Jawaharlal Nehru University)
- Paresh Malakar (secretary, Asom Nagarik Samaj)
- Prashant Bhushan (senior advocate, Supreme Court)
- Prashanta Rajguru (editor, Amar Asom)
- Raj Mohan Gandhi (Historian and Biographer)
- Rajib Handique (Gauhati University)
- Roshmee Goswami (Feminist Human Rights activist, Shillong)
- Sundar Burra (former advisor for the Society for Promotion of Area Resource Centres)
- Tilak Hazarika (professor Gauhati University)
- Yogendra Yadav (president, public intellectual & president Swaraj India)
CAUGHT UP WITH THE MAOISTS
- In March 2010, Independent MLA Buban Pegu displayed in the assembly an Assam Police Report that said Gogoi and Ravindra Nath had links with armed Maoists. The report , signed by the then inspector general of police (law and order) on August 7, 2009, also said Gogoi had several members of KMSS trained under Maoists in Jharkhand in 2007 [8].
- Again in April 2010, a report of the Assam government alleged that Akhil Gogoi had close connections with armed CPI-Maoists [8].
- Reacting to this report, Akhil Gogoi said “Yes, I am a Marxist and I believe in social transformation [8].”
- The state government, which ruled for 15 years from 2001 to 2016, had taken a note of support for Akhil Gogoi by the armed militant group ULFA[8].
- Officials said fugitive Ulfa commander Paresh Baruah has been backing Akhil Gogoi since he began his activism in 2006 [8].
- The fugitive Ulfa chief Paresh Baruah justified their armed struggle against India by citing the KMSS agitation of June 22, 2011 [8].
- The same allegation was again raised in 2019, this time by the BJP led government of Assam, in the context of the Citizenship Amendment Act Protests being led by Mr Gogoi [8].
- As per NIA, the anti CAA protest led by Gogoi in the state reeked of a Maoist conspiracy and it is likely that Mr Gogoi received training from the CPI-Maoist, in leading such a militant movement [8].
- The solicitor general said. “Gogoi was associated with the proscribed organization Communist Party of India (Maoist). He sent [his organization] Krishak Mukti Sangram Samiti cadres to train in Maoist camps, orchestrated widespread blockades in Assam, virtually paralyzing the government machinery, and even instigated mobs to cause damage to public property [25].”
- Assam police also said that “Akhil Gogoi and his associates have been working in close coordination with Maoists trying to spread the Maoist functioning in the state of Assam” [7].
VIOLENT PROTEST DEMANDING RELEASE OF GOGOI
- On 20th January 2020, Thousands of people formed a human chain in Jorhat, demanding Akhil Gogoi’s release. They formed a human chain in the shape of the state’s Map,demanding the release of Akhil Gogoi, who has been in the forefront of the anti-CAA protests in Assam. AASU continues violent black flag protests across Assam for their far left leader Akhil [26].
- Anti-CAA organizations along with leftist groups, peasant and students organizations took to the streets across multiple districts in Assam on 11th March 2020 to press their demands for the release of jailed far left radical Akhil Gogoi and other anti-CAA protesters [27].
- Under the aegis of groups like CAA Birodhi Satra Samaj, Sanmilita Sangram Parishad, Nagarikatwa Aain Songsudhan Birodhi Mancha and others, participants from Guwahati and Dibrugarh Universities also took part in the mass violent protest to support Akhil and their partners [27].
- The state-wide simultaneous violent protests were reported from districts such as Sivasagar, Dhubri, Kamrup (both metro and rural), Bongaigaon, Nalbari, Golaghat, Dhemaji, Dibrugarh, Karbi Anglong, Barpeta, Goalpara, Tinsukia, Nagaon, Dhemaji and others [27].
- These violent Protests were also reported from pockets in Rangiya, Biswanath Chariali, Chabua and others in both upper and lower Assam [27].
- Student groups like the All India Students’ Association (AISA), Students Federation of India (SFI), Satra Mukti Sangram Samiti, which is the student-wing of the organization Krishak Mukti Sangram Samiti (KMSS), and others also participated in these violent protests [27].
- The All Assam Law Students’ Union organized a violent protest against the CAA (Citizenship Amendment Act) at Gauhati Club along with the demand to release anti India activist Akhil Gogoi ,Shrinkhal Chaliha, Amitabh Sarma, and Dharya Konwar [28].
- Akhil Gogoi was accused by the state police of instigating the public to take up arms against the government at a rally held in Moran town near Dibrugarh on 12th September 2017 led by Gogoi [3]. Student bodies like the Assam Jatiotabadi Yuva Chatra Parishad (AJYCP) and the pro-talks United Liberation Front of Asom (ULFA) leader Jiten Dutta, who shared the stage with Gogoi in the Moran rally, have condemned the state’s action and demanded his “immediate and unconditional release.
- During the Rally held by his organization, the Krishak Mukti Sangram Samiti, on 12 September 2017, Akhil Gogoi had allegedly said that if Hindu immigrants from Bangladesh were “forced upon Assam”, residents of the state would take up arms. He was charged in 12 cases under the National Security Act [29].
NIA CHARGESHEET
- The Chargesheet mentions a witness who confessed that Akhil Gogoi on 9th December 2019, had called him to plan about the protests and asked the witness to do something fiery. Following this conversation between Akhil Gogoi and the witness, they left for Chabua on the same day [30].
- On 7 April 2020, the Guwahati High Court suspended the bail granted to Akhil Gogoi in a case brought by the National Investigation Agency [30].
- On 29th May 2020, the NIA filed the charge-sheet against Akhil Gogoi and three of his colleagues for terror activities for their alleged role in violent protests against the citizenship law [30].
- The chargesheet revealed a deep-rooted conspiracy to create enmity between the people of different ethnicities living in the state. NIA said that protesters led by Akhil Gogoi were planning to burn down the houses in Amravati area, which belonged to a particular ethnicity in Chabua [30].
- In this chargesheet, the investigation agency had reported that Akhil Gogoi intended to instigate Assamese people against the other ethnicities residing in the state during the anti-CAA protests in Assam. It points out how Gogoi had plotted a conspiracy to stoke violence between the society in Assam [30].
- The NIA said that Akhil Gogoi and the witness addressed a massive crowd of over 6,000 people. Gogoi, during his speech, provoked the crowd that later turned violent and started pelting stones at the police force. During the stone-pelting, a police officer of Chabua, who was on duty, got severely injured and permanently lost his teeth. This chargesheet also reveals that even when the situation turned violent, Akhil Gogoi did not try to stop the mob but instead instigated them [30].
- The chargesheet also says that a policeman was attacked by a violent mob, who sustained severe injuries, however, the crowd went on shouting slogans like- Jai Aai Axom [30].
- According to the chargesheet, the magnitude of violence was so intense that Chabua Railway Station was burnt by the blood-thirsty mob led by Akhil Gogoi causing heavy damages to the public property [30].
- Several cases were filed against Akhil Gogoi in police stations in towns across Assam — Sibsagar, Dibrugarh, Gaurisagar, Teok, Jorhat, after the violence that broke out during anti CAA violent protests [31].
- National Investigation agency special court rejected far left instigator Akhil Gogoi’s bail plea on 7th August 2020 in an eight month old case [32].
- They were handed over to the NIA and booked under the Unlawful Activities (Prevention) Act for their alleged role in the violent protest and possible links with armed Maoists [33].
- On 7th January 2021, The Gauhati High Court rejected the bail petition of Akhil Gogoi in the case related to his alleged role in violent protests against Citizenship (Amendment) Act lodged by the NIA. A division bench of the High Court comprising Justices Kalyan Rai Surana and Ajit Bathakur rejected the bail petition of Akhil Gogoi [34].
- NIA registered a case against Akhil Gogoi on 12th December 2019, Gogoi was placed under preventive custody after his protest against the Citizenship Amendment Act.The National Investigation Agency booked Gogoi for ‘waging a war against the nation, conspiracy and rioting’ [35].
- He was booked under Sections 120B (criminal conspiracy), 153A (promoting enmity between different communities), and 153B (making imputations and assertions prejudicial to national integration) of the Indian Penal Code, 1860. He was also booked under the Unlawful Activities (Prevention) Act [36].
- On 23rd February 2023, National Investigation Agency reopened a case filed under the Unlawful Activities (Prevention) Act against Assam MLA Akhil Gogoi and his three associates for holding anti-Citizenship Amendment Act protests in December 2019 [35].
- The development came after the Gauhati High Court on February 9 2023 issued a directive to the National Investigation Agency to frame charges against the four accused persons in the case, including Gogoi [35].
- On 18th April 2023, The Supreme court affirmed the revival of a UAPA case against Akhil Gogoi in connection with the violence during the protests against CAA in 2019 [37].
- Gogoi was accused of provoking the crowd to commit violence that “led to serious injury on one police official, apart from destruction of property and vehicles”. The protest, it was alleged, had caused an economic blockade in the area [16].
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[32] Nia Court rejects Akhil Gogoi’s bail plea in case on Anti-CAA protests. The Wire. (n.d.-c), https://thewire.in/law/nia-court-rejects-akhil-gogois-bail-plea-in-case-on-anti-caa-protests.
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[36] Das, A. (2023, July 19). “dissenting speech always seen as symptom of conspiracy”: Akhil Gogoi moves Supreme Court challenging sedition and similar offences. Live Law., https://www.livelaw.in/top-stories/supreme-court-assam-mla-akhil-gogoi-sedition-similar-offences-dissenting-speech-dcaa-nrc-protests-233047.
[37] SC grants bail to Akhil Gogoi in UAPA case but refuses to discharge assam MLA. Hindustan Times. (2023, April 18), https://www.hindustantimes.com/india-news/sc-grants-bail-to-akhil-gogoi-in-uapa-case-but-refuses-to-discharge%20assam-mla-101681795880826.html.