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Yesterday, on 7th January 2021, peasant leader and RTI activist, Akhil Gogoi’s bail application was been denied yet again, now, by the division bench of the High Court of Guwahati comprising of Justices Kalyan Rai Surana and Ajit Bathakur. Gogoi is associated with Krishak Mukti Sangram Samiti.
Gogoi was arrested in December of 2019 as a preventive measure as protests against the CAA enraged in multiple locations, resulting in violence and unrest. His case was later transferred to the National Investigation Agency, which charged him with various offences including conspiracy, sedition, rioting, and commissioning of alleged terrorist acts. The NIA is convinced that the conspiracy, hence, hatched by Gogoi along with others has caused serious damage and destruction to public and private property. He was, also, booked under the Unlawful Activities Prevention Act, which has connotations attached to it that makes the possibility of bail rather slim. While he was given bail after the authorities failed to file the requisite charge-sheet within the allotted 90-day period, he was arrested again after a mere two days. In August of 2020, his bail application was rejected as it was claimed by the evidence collected, that the accusations against Gogoi cannot be said to be “wholly improbable.” He, then, moved the High Court challenging the previous verdict, and hoping for his bail application to be passed after an arrest that has lasted more than a year.
In a country where the courts function on the principle of “bail is the rule, and jail is the exception,” with strong instances of protecting the right to life and dignity of an individual, the application of the said principle stays limited to the cases of the rich, the powerful and the politically connected. The rejection of Gogoi’s plea in the High Court stands testament to this fact. Gogoi might have to contest the assembly polls of 2021 in Assam from jail, if the Supreme Court, also, remains unconvinced of his case.
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