Thread by @LiveLawIndia

#SupremeCourt to shortly hear appeal filed by activist turned politician Akhil Gogoi against the Gauhati High Court’s decision to set aside a discharge order in connection with offences under the Unlawful Activities (Prevention) Act, 1967.

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Sr Adv Huzefa Ahmadi (for Gogoi): I was in jail for more than 500 days, then I was discharged by trial court. While I was enlarged, there was no complaint against Gogoi. I am now a sitting MLA...The high court overturned discharge order.

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Sr Adv Huzefa Ahmadi (reads HC order): HC overturned discharge order on purported ground of violation of natural justice...The judge ought not to have made observations on merits after reaching this conclusion because it prejudices my case.

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Ahmadi (reads trial court order): He has been accused of threatening economic security. If that can be done by calling 1 day of bandh, all political leaders should be convicted. Trial court observed temporary blockade cannot threaten economic security.

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Ahmadi (reads trial court order): ...The trial judge also observed that Gogoi had no links with any vandalism. Furthermore, incidents mentioned date back to before 2009, which are now sought to be used in 2020. Trial judge said, proximate nexus needed.

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Ahmadi (reads trial court order): ...Further, CPI(Maoist) was not a proscribed organisation before 2009...

SG Mehta, interjecting: This may have been the case, but CPI (Maoist) has never been a political party, always up to unlawful activities.

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Ahmadi: I have been enlarged for 1.5 yrs, and now to send me back to jail...My submission is at least modify HC order to the extent that bail was refused. Secondly, remand should not be truncated by adverse observations.

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Ahmadi: Also an overarching submission of vendetta...not elaborating on it now.

ASG Aishwarya Bhati: SG is leading, but I am stepping in. This is not about some bandh, but about terrorists waging war against elected govts using insidious methods.

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ASG (takes court through FIRs): These are very serious allegations...

With respect to high court's observations on merits, court as a constitutional court, has a responsibility, when dealing with observations by trial court, to provide its reasons.

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ASG: I also do not understand their reservations about high court recording that bail can be sought in accordance with law. There can be no special exception carved for legislators. Be you ever so high, the law is always above you.

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ASG: In any case, this court rejected bail in accordance with law. Now they cannot find a window in discharge proceedings to undermine that. This is not permissible.

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ASG: With respect to their submission that incidents were from before 2009...It is difficult to secure clinching evidence in such cases...But look at how incriminating the evidence is. He sent people to participate & train in Maoist camps.

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ASG: See the flavour. He only talks about when evidence is from. This is how the scheme is. It is not that Gogoi became a politician & saint after this. There is a concrete effort by these organisations to make country bleed with a thousand cuts.

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Ahmadi disputes allegations by NIA; takes court through statements of protected witnesses. "Let's see what these terrorist activities are actually...Prosecution material itself shows, Akhil Gogoi said don't do what Maoists were doing."

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Ahmadi (in rejoinder): If that is the best that they (NIA) have to say to support their claim that Akhil Gogoi is a terrorist...(smiles)

Be that as it may, do not send him back to jail.

Bench of Ramasubramanian & Mithal reserve verdict.

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