Gauhati HC Stays Akhil Gogoi's Default Bail In UAPA Case; Refers To Larger Bench Issues On Maintainability Of NIA's Appeal [Read Order]

The Gauhati High Court has stayed the order of NIA Court, Assam, which refused to extend the period of investigation beyond 90 days for the National Investigation Agency in a case under the Unlawful Activities Prevention Act against Akhil Gogoi, founder-secretary of the Assam-based peasant organisation Krishak Mukti Sangram Samiti.The UAPA case was based on the allegation. The Gauhati High Court has stayed the order of NIA Court, Assam, which refused to extend the period of investigation beyond 90 days for the National Investigation Agency in a case under the Unlawful Activities Prevention Act against Akhil Gogoi, founder-secretary of the Assam-based peasant organisation Krishak Mukti Sangram Samiti. The UAPA case was based on the allegation that Gogoi and his gang incited violence across Assam under the pretext of protests against Citizenship Amendment Act as a part of Maoist conspiracy As a result of NIA Court's refusal to extend the time for probe to 180 days, Gogoi had become entitled to default bail or statutory bail - which is the accused person's statutory right to be released from custody on bail upon failure of the investigation agency to submit final report within the prescribed time. "Prima facie on going through order rendered by this Court in Jai Kishan Sharma's case, we find that the order in question before the Court for consideration was vide which the remand period had been extended from 90 days to 180 days on the application of the investigating agency.