A bench of Justices V Ramasubramanian and Pankaj Mithal, however, upheld a Gauhati High Court order which had set aside Gogoi's discharge in the case.

Last month, Apex Court reserved its verdict in Gogoi's appeal after submissions from the parties. Senior advocate Huzefa Ahmadi submitted that sending the embattled legislator back to jail after being ‘at liberty’ for almost two years on the basis of flimsy evidence, some of which was from before 2009 would be a ‘travesty’ of justice.

Therefore, he urged the top court to first, modify the high court’s order to the extent that it refused Gogoi’s ancillary prayer for bail and grant him protection from arrest, and second, direct that the trial court ought to consider the matter remanded to it, “without being truncated by the observations of the high court”. “This is clear case of political vendetta,” Ahmadi further asserted in defence of the Assamese legislative assembly member.

“Maoist organisations are making the country bleed by a hundred cuts, if not a thousand cuts. They are waging a war against the government, especially the security agencies, which are our protectors. The rule of law itself is threatened by these organisations.” , says Additional Solicitor-General Aishwarya Bhati 

They were charged under various provisions of Unlawful Prevention Activities Act (UAPA) and for Sedition (section 124A), promoting enmity between religious groups (section 153A) and 153B (Statement against national integration) under the Indian Penal Code.