Today(on 25th June),The Supreme Court has issued a notice to the UP government on Ajay Rai’s plea challenging the Allahabad High Court’s refusal to quash criminal proceedings in a Varanasi court, related to charges under IPC and the Gangsters Act from a 2010 case filed by Bhanu Pratap Singh.
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NEW DELHI: Today(on 25th June), The Supreme Court issued a notice to the Uttar Pradesh government regarding a plea filed by Congress leader Ajay Rai. Rai’s plea challenges an Allahabad High Court order that refused to quash criminal proceedings against him in a Varanasi trial court. These proceedings are based on charges under various sections of the Indian Penal Code (IPC) and the Gangsters Act, linked to a case registered in 2010.
The vacation bench, comprising Justices Abhay S Oka and Rajesh Bindal, sought responses from the Uttar Pradesh government and Bhanu Pratap Singh, the complainant whose complaint led to the registration of the First Information Report (FIR) in the case.
Rai’s counsel, who represented him during the recent election where he contested against Prime Minister Narendra Modi from the Varanasi seat, sought a stay on the proceedings. However, the bench declined to stay the proceedings, stating-
We do not intend to stay the proceedings at this point.
The Supreme Court has scheduled the next hearing for July 15, providing the Uttar Pradesh government and Bhanu Pratap Singh time to respond. This development follows the Allahabad High Court’s decision on May 19, where the High Court dismissed the petition filed by Ajay Rai. Rai, who currently serves as the president of the Uttar Pradesh Congress Committee (UPCC), had sought the quashing of the case against him under the Gangsters Act.
The origins of the case date back to March 26, 2010, when Bhanu Pratap Singh filed an FIR at the Chetganj police station in Varanasi. The FIR named six individuals, including Ajay Rai, accusing them of various criminal activities. Rai has consistently denied the allegations, asserting that the case is politically motivated to tarnish his reputation.
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Rai’s legal team argued before the Supreme Court that the proceedings are a misuse of legal provisions and aimed at harassment.
They stated-
“The case against Ajay Rai under the Gangsters Act is unfounded and appears to be politically motivated.”
Despite these arguments, the High Court refused to quash the proceedings, leading to Rai’s appeal to the Supreme Court.
The Supreme Court’s decision to seek a response from the Uttar Pradesh government highlights the seriousness of the case and the need for a thorough judicial review. Ajay Rai, a prominent political figure in Uttar Pradesh, has faced several legal battles over the years.
His counsel emphasized-
“Ajay Rai has consistently advocated for justice and transparency. We trust that the Supreme Court will render a just decision.”
The case’s implications extend beyond Rai’s political career, reflecting the broader issues of legal accountability and the potential misuse of laws like the Gangsters Act. The upcoming hearing on July 15 will be closely watched, as it could set a precedent for similar cases in the future.
The Gangsters Act, designed to curb organized crime, has often been criticized for its broad and sometimes vague application. Legal experts argue that while the Act serves a crucial purpose, it must be applied judiciously to prevent misuse. The Supreme Court’s intervention in this matter underscores the need for a balanced approach to ensure justice while preventing the harassment of individuals based on politically motivated charges.
The High Court has reaffirmed its earlier stance by rejecting the compromise plea between the accused and the complainant in a case involving charges under the UP Gangsters Act. The court’s decision underscores the independent nature of the offences under the Gangsters Act, emphasizing that these charges are imposed by the state government to fulfill the Act’s objectives.
On September 28, 2023, the High Court refused to accept the compromise entered into by the accused persons and the complainant.
The court highlighted that-
“The offence punishable under the Gangsters Act stands independently, not at the behest of the complainant, but enforced by the State government to fulfill the objectives of the Act.”
The court elaborated that the UP Gangsters Act is designed to curb organized crime and ensure public order, which are state responsibilities. Therefore, the offences under this Act cannot be nullified simply through a compromise between the involved parties.
The court stated-
“There is no legal basis to dismiss the proceedings under Section 7 of the Criminal Law (Amendment) Act and Section 3(1) of the UP Gangsters Act, even if there is a compromise between the complainant and the accused regarding the IPC offence.”
