Assam peasant leader and Sibsagar MLA, Akhil Gogoi, has filed a plea in the Supreme Court questioning the constitutional validity of sedition laws and related offenses that criminalize political speech critical of the government and its policies. Gogoi has urged the court to close all pending criminal proceedings across the country related to sedition charges under Section 124A of the Indian Penal Code (IPC).

In his plea, Gogoi emphasized that the directions issued by the Supreme Court in May 2022, which prohibited the registration of sedition cases, should also be extended to similar offenses. He further argued that Section 124A and other related offenses, which employ the same logic of sedition, should be deemed violative of the freedom of speech guaranteed under Article 19(1)(a) of the Indian Constitution.

The petitioner specifically requested the court to declare the offense of sedition void and inoperative, as it is considered to be ultra vires Article 19(1)(a) of the Constitution. Gogoi's plea also sought the closure of ongoing criminal proceedings related to sedition charges and the declaration that offenses employing the logic of sedition are unconstitutional.

Gogoi's plea, filed through advocate Ivo Manuel Simon D'Costa, highlighted the addition of sedition-like offenses to the chargesheet of the pending cases against him. He argued that these charges are unsubstantiated and curtail his constitutional right to criticize the government and its policies. Gogoi contended that the accusations against him pertain to political acts of critique and should not be framed under Section 124A of the IPC or related offenses until the constitutional validity of these provisions is determined by the court.

The plea asserted that criminalizing political speeches and acts is inconsistent with fundamental rights, including freedom of speech and expression, personal liberty, and equality before the law.

Gogoi, along with three others, has been booked for offenses related to protests and speeches against the Citizenship Amendment Act (CAA) in December 2019, along with alleged links to Maoist organizations. They have been charged under various provisions of the Unlawful Activities Prevention Act (UAPA) and sections of the Indian Penal Code, including sedition (Section 124A), promoting enmity between religious groups (Section 153A), and statement against national integration (Section 153B).

Earlier, a special National Investigation Agency (NIA) court in Guwahati had discharged Gogoi of all charges in July 2021, stating that his speeches encouraged non-violence rather than inciting violence. However, the Gauhati High Court overturned this verdict on February 9, 2023, claiming that the special court had exceeded its jurisdiction by acquitting rather than discharging Gogoi.

Recently, the Supreme Court granted bail to Gogoi in the matter but declined to discharge him, leading to the case being remitted back to the trial court for the framing of charges afresh.