Assam legislator Gogoi files plea in SC challenging sedition law, criminalisation of views critical to govt

The plea contended that Gogoi, an independent member of the Assam Assembly, is accused of “speech offences” which are in the nature of political acts of critique, covered squarely within Section 124-A (sedition) of the IPC.

On May 11 last year, the Supreme Court had put on hold the colonial-era penal provision of sedition and had asked the Centre and state governments to refrain from registering any FIRs under Section 124A.

Gogoi, who is facing prosecution under Section 124A, amongst other similar provisions, has sought a stay on the proceedings filed before the Special Judge, NIA Guwahati, pending the decision of the Supreme Court on the constitutionality of the provision relating to sedition.

Since 2017 till 2021, the activist-turned-politician has been charged with numerous sedition-related offences, the majority of which stem from his protests against the 2019 Citizenship Amendment Act.

“The petitioner is all the more prejudiced because his dissenting speech, which is only critical of the CAB/CAA, is always seen as a symptom of some deep-rooted conspiracy. Similarly, misdemeanours, or even IPC offences are elevated to the level of ‘terrorist activities’ as defined under the UAPA,” said the plea filed through advocate Ivo Manuel Simon D’Costa.

Gogoi was also slapped with Unlawful Activities Prevention Act (UAPA), and he is now on bail.

In 2021, a special court in Assam discharged him of UAPA charges, however, later the Gauhati High Court set aside the special court’s judgement and the case against the legislator has been continued. He moved to the Supreme Court seeking quashing the High Court judgement. But the top court of the country upheld the High Court order though it granted bail to Gogoi in April this year.

A division bench of the top court also said the Sivasagar MLA will remain out on bail during the period of trial meeting the special court’s conditions. He was jailed for quite a long time after he was arrested amid the anti-CAA protests in December 2019.

Gogoi fought the 2021 Assembly election from jail and won.