The UP Government Today (Dec 12) informed the Supreme Court that it might revisit existing criminal cases where its stringent anti-gangsters law was invoked and new guidelines were being formulated on how to apply its provisions. A bench of Justices Surya Kant and Ujjal Bhuyan told additional solicitor general K M Nataraj, representing the government, that some of the provisions of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act appeared to be “draconian”.
Thank you for reading this post, don't forget to subscribe!
NEW DELHI: The Uttar Pradesh (UP) government informed the Supreme Court on Thursday that it plans to revisit existing criminal cases where the stringent Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act has been invoked.
The government is also in the process of drafting new guidelines to streamline the application of the Act’s provisions.
A bench comprising Justices Surya Kant and Ujjal Bhuyan noted concerns over certain sections of the law, which they described as potentially “draconian.”
“Some of the provisions are draconian. Government must examine where it should be applicable and where it should not be applicable,”
-the bench stated.
Government’s Response: Formulating New Guidelines
Additional Solicitor General (ASG) K M Nataraj, representing the UP government, assured the court of compliance with its earlier directive. He stated,
“In compliance with the court’s earlier order, the government is formulating new guidelines on applicability of the provisions of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act. It is almost ready, and we will put it on record.”
The ASG further emphasized that existing cases will be reviewed to determine whether the provisions of the law should continue to apply. The bench recorded this submission and noted:
“Some guidelines are being formulated, and it will be placed on record for our consideration. List in the first week of January, 2025. The authorities may revisit the existing cases in view of the revised guidelines to find out if the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act is required to be pressed or not.”
Supreme Court’s Observations and Related Cases
The Supreme Court passed its order while hearing a plea by Gorakh Nath Mishra, who challenged an Allahabad High Court ruling that refused to quash an FIR lodged against him under the Act. Another related case, seeking the dismissal of charges under the same law, was tagged with Mishra’s plea.
The law has faced widespread criticism, leading to multiple petitions filed before the apex court challenging its validity. The stringent provisions of the Act, enacted in 1986, have drawn scrutiny over their application. It prescribes imprisonment ranging from 2 to 10 years, with a minimum fine of Rs 5,000.
Notably, if a gangster commits an offence against a public servant or their family, the minimum jail term rises to three years.
The law further states,
“If a public servant provides help or support to a gangster, then that bureaucrat can be punished with a 3 to 10-year jail term.”
Recent Developments on Anti-Gangster Law Cases
On December 4, a bench led by Justice B R Gavai remarked that the law seemed “draconian.” The observation came during a hearing of a plea challenging a May 2023 Allahabad High Court order. The High Court had dismissed a petition seeking to quash proceedings pending before a district court in Kasganj under the Act.
In a separate case on December 3, Justice Sudhanshu Dhulia’s bench agreed to hear a plea contesting another Allahabad High Court ruling. This case sought to nullify a chargesheet and ongoing proceedings under the Act.
Moreover, on November 29, the top court agreed to entertain a petition challenging the constitutional validity of certain provisions of the law. A notice was issued to the UP government, seeking its response on the matter.
The Road Ahead
The Supreme Court’s scrutiny and the UP government’s commitment to revising the application of the anti-gangster law signal a critical review of its impact and implementation.
The court’s observations and the government’s proposed guidelines could lead to more balanced enforcement of this stringent law, ensuring it is invoked judiciously while safeguarding individual rights.
By January 2025, the government is expected to present its revised guidelines, potentially marking a turning point in addressing the law’s perceived harshness and aligning its application with constitutional principles.
Click Here to Read Previous Reports on Anti-Gangster Law
FOLLOW US ON YOUTUBE FOR MORE LEGAL UPDATES
