The Uttar Pradesh government has recently issued specific guidelines for invoking the provisions of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, and preparing gang charts. These directions were released following a Supreme Court observation in the case of Gorakh Nath Mishra, who was initially booked under Section 3(1) of the Act. Upon review, the government determined that the Act's provisions did not apply in Mishra's case.
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- Applicability of the Act:
The Gangsters Act should be invoked only when the accused has committed crimes involving violence, threats, intimidation, coercion, or similar actions, either individually or in a group, with the aim of disturbing public order or gaining any unjust advantage. - Clear Classification in Gang Chart:
The gang chart must clearly indicate which crimes fall under specific sub-sections of Part B, Section 2 of the Gangsters Act. - Updated Status of Cases:
The current status of all cases listed in the gang chart must be explicitly mentioned. - Rule 5 Compliance:
Complete adherence to Rule 5 of the 2021 Rules is mandatory. Cases that have previously led to proceedings under the Act against an accused should not be re-included in the gang chart. However, these cases should be listed separately as an annexure. - Review by Senior Officials:
When the case file reaches the office of the Commissioner of Police or District Magistrate, a detailed review must be conducted. Approval of the gang chart should only be given after a joint meeting with the Senior Superintendent of Police (SSP) or Superintendent of Police (SP).
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- Signature and Date Requirement:
Officials such as the Police Commissioner, SSP/SP, and District Magistrate must sign the gang chart, ensuring the date is mentioned below their signatures. - Document Verification:
Authorities must confirm that they have thoroughly reviewed not only the gang chart but also all attached documents. - Filing of Charge-Sheet:
The date of filing the charge-sheet under the original case must be clearly mentioned in column 6 of the gang chart, except for cases under Rule 22(ii), where the Act can be applied during an ongoing investigation. - Record Review Before Approval:
Under Rule 26(1), whenever the charge-sheet is submitted for approval, the concerned senior officers must conduct a comprehensive review. - Independent Investigation:
Investigations should not be conducted by officers from the same police station where the case was registered. If an officer is transferred to the investigating station, they must not handle the case. - Restrictions on Benefits for Gang Members:
No member of a gang should be granted access to government services, business permits, lease deeds, or any government schemes. Measures like attachment of property, appointment of an administrator, or cancellation of licenses may be taken if needed.
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- Investigation Timeline:
The investigation under this Act must be completed within six months. If more time is required, an extension of three months can be granted with approval from the District Police Incharge. - Final Report Approval:
The District Police Incharge must carefully examine all evidence before approving the filing of the charge-sheet in the concerned court. - Police Custody Remand:
If necessary, the Investigating Officer can seek police custody remand of the gangster within 60 days.
The Supreme Court has also taken note of the constitutional validity of certain provisions of the UP Gangsters Act. A bench of Justice BR Gavai (now CJI) and Justice KV Viswanathan issued a notice in November last year on a petition challenging the Act’s validity. The next hearing in this matter is scheduled for May 20.
