
UAPA | Supreme Court Confirms Gauhati HC Order Setting Aside Discharge Of Assam MLA Akhil Gogoi, Grants Bail
Live LawThe Supreme Court of India on Tuesday confirmed "in all aspects" the Gauhati High Court’s decision to set aside trial court's order discharging activist-turned-politician Akhil Gogoi in connection with offences under the Unlawful Activities Act, 1967. Besides, the high court ought not to have made observations on the merits of the case while setting aside the discharge order and remanding it to the trial court, the senior counsel submitted. Therefore, he urged the top court to first, modify the high court’s order to the extent that it refused Gogoi’s ancillary prayer for bail and grant him protection from arrest, and second, direct that the trial court ought to consider the matter remanded to it, “without being truncated by the observations of the high court”. As such, the approach of the special judge, NIA, in our considered opinion, was clearly erroneous in the eye of law, thus having a vitiating effect on the impugned judgment.” It is against this judgement from which the legislator has sought an appeal before the top court, arguing, inter alia, that the high court failed to even examine whether a prima facie case was made out in the matter before overturning the special court’s verdict.
History of this topic

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