Following a directive from the Supreme Court, the Uttar Pradesh government has established clear guidelines for invoking the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986. The move came after the Supreme Court questioned the necessity of guidelines while dealing with a case where the Act's provisions were applied.
The matter was heard by a bench comprising Justices Surya Kant and N Kotiswar Singh. The Court noted that the state had formulated guidelines and found that the Act's provisions did not apply to the case in question. The bench stated:
Read Also:- Supreme Court Upholds Employment Bond: 2 Lakh Penalty for Premature Resignation Valid
"In light of the guidelines, respondents have considered the case of the petitioner, and it has been found that provisions of the Act are not attracted. That being so, the impugned judgment of the High Court is set aside."
Background of the Case
The issue began with an FIR registered in 2018 against an individual under Section 3(1) of the UP Gangsters Act. This section defines penalties for being a member of a gang as per Section 2(b). The accused sought relief from the Allahabad High Court, which refused to quash the FIR or grant a stay on arrest. The High Court emphasized:
"There can be no interference with the investigation or order staying arrest unless a cognizable offence is not ex-facie discernible from the FIR or any statutory restriction is operating."
Read Also:- Supreme Court: Playing Cards Not Always an Act of Moral Turpitude, Restores Candidate's Election
Dissatisfied, the accused approached the Supreme Court. During the proceedings, the Uttar Pradesh government indicated it was developing guidelines to standardize the invocation of the Gangsters Act.
The Supreme Court observed that despite ongoing proceedings, the authorities filed a chargesheet in February 2024, which seemed to undermine the Court's process. The bench noted:
"Prima facie, it appears that the Police Authorities and the District Magistrate have tried to overreach this Court by taking peremptory action so as to render these proceedings infructuous."
This prompted the Court to intervene, directing that the chargesheet be kept in abeyance and further proceedings be stayed.
The Uttar Pradesh government not only framed the guidelines but also committed to ensuring strict compliance. A compliance affidavit was filed, confirming the issuance of guidelines read with the 2021 Rules under the Act. Authorities were warned that negligence in adhering to the guidelines could lead to penal action.
Additionally, a checklist of 29 points was established to ensure that officers handling such cases strictly follow the guidelines. This measure is aimed at preventing misuse of the Act and ensuring that it is applied only in genuine cases.
Appearance: Advocate-on-Record Sadashiv (for petitioner); ASG KM Nataraj (for UP govt)
Case Title: Gorakh Nath Mishra v. State of Uttar Pradesh & Ors., Diary No(s) 2673/2023
