Supreme Court tells UP government not to invoke Gangsters Act in any criminal matter
The Supreme Court has directed the Uttar Pradesh authorities to invoke harsh laws such as the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, in criminal matters involving serious allegations, not any run-of-the-mill case.
The Bench of Justice Sudhanshu Dhulia and Justice Ahsanuddin Amanullah made the observation while quashing a case registered under the UP Gangsters Act against three appellants.
As per the UP Police, the accused were part of a criminal gang involved in extortion, fraudulent property dealings and goondaism etc. To substantiate its claim, the state police cited three prior cases involving charges of fraud, extortion and criminal intimidation.
The appellants argued that the cases were actually rooted in civil property disputes between two families.
After going the records, the Bench observed that the cases did not meet the criteria of intimidation, violence or coercion required under Section 2(b) of the UP Gangsters Act to justify its invocation.
Noting that the transactions were primarily civil in nature, the top court of the country said it was empowered to look beyond surface allegations to assess the true nature of the claims to assess whether it was appropriate to invoke the UP Gangsters Act.
Even if the allegations made in this case were found to be true, there may still be scope for the UP Gangsters Act to be invoked, observed the Court.
Since the trials in the prior cases were yet to be completed, the State’s invocation of the UP Gangsters Act was premature and uncalled for, it added.
The right to life and liberty guaranteed under Article 21 of the Constitution could not be curtailed by invoking such stringent laws, merely because criminal cases have been registered against a person, added the Bench.
It further raised apprehension over granting such powers to the state government to invoke the UP Gangsters Act, since the invocation of such stringent laws required greater emphasis and strict regulation.
While refraining from issuing any straitjacket formula for the invocation of the Act, the Bench said it
depended on the unique peculiarities of each case.
The Act could only be invoked in matters involving serious criminal allegations, not any run-of-the-mill
case, it added.
The Apex Court quashed the 2023 case filed against the appellants under the UP Gangsters Act on the grounds that the allegations remained uncertain and inconclusive.
It further directed the UP government to adhere to guidelines that the State itself issued in 2024 on the invocation of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986.
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