The Supreme Court of India has firmly enforced the guidelines of the State of Uttar Pradesh for enforcement of the UP Gangsters and Anti-Social Activities (Prevention) Act, 1986. These guidelines, framed by the State on the Court's earlier directions in the case of Gorakh Nath Mishra vs State of Uttar Pradesh, have now come into full force and effect.

While deciding a case involving Vinod Bihari Lal, Director of SHUATS University, the Court directed the authorities to strictly adhere to these guidelines and follow the checklist provided.

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The Supreme Court said.
"In light of the above, we direct the concerned authorities to comply with the above guidelines and the checklist in letter and spirit,"

A bench of Justices JB Pardiwala and Manoj Mishra delivered the judgment on May 23, quashing the FIR under the Gangsters Act against Vinod Bihari Lal, saying the allegations were an abuse of the process of law. The Court cited its earlier order dated April 19, 2024 in the Gorakh Nath Mishra case, in which it had directed the UP government to frame guidelines for the implementation of the Act.

In response, the UP government issued comprehensive guidelines and a checklist on December 2, 2024. Emphasising their importance, the Court said:

"In view of the facts of the present case, we would like to emphasise in the guidelines dated 02.12.2024, and also incorporate the following excerpts from the guidelines as a part of this judgment."

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Key guidelines of the Supreme Court:

1. The Act should be applicable only if the accused, alone or in a group, uses violence, threat, coercion or intimidation to disrupt public order or obtain undue advantage.
2. Certified copies of the gang register maintained at the police station as well as criminal records from DCRB and CCTNS/ICJS should be attached.
3. The Commissioner of Police or the District Magistrate should thoroughly review all the facts by holding a joint meeting with senior police officers before approving the gang chart in compliance with Rule 5(3)(a) of the 2021 Rules.
4. It should be shown that the officers have applied their minds not only on the gang chart but also on all the attached documents.
5. Rule 16(1) requires the Additional Superintendent of Police to record written satisfaction before forwarding the gang chart, while Rule 16(2) requires the District Police Officer or senior police officer to approve it after review.
6. As per Rule 17(2), pre-printed rubber stamp signatures are prohibited; approval must be recorded after a thorough review.
7. If the prosecuting officer points out any irregularities, they must be rectified before the case is forwarded for approval under Rule 20(4).
8. Under Rule 26(1), senior police officers must conduct a thorough review of the entire record before granting approval for a chargesheet.
9. As per Rule 36, a detailed investigation of the movable and immovable properties of the gang must be carried out, with evidence from revenue records, where necessary.
10. The district police in-charge must carefully examine all evidence before approving the final report or chargesheet for submission to the court.

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The Supreme Court directive ensures that these guidelines are not mere recommendations but are now part of binding law. The move aims to prevent misuse of the Gangsters Act and protect individuals from unfair legal actions.

Case Details: VINOD BIHARI LAL Versus THE STATE OF UTTAR PRADESH AND ANR., Crl.A. No. 000777 - 000778 / 2025 (and connected matters)