'Harassment Of Innocents A Great Sin': Allahabad HC Cites Rigveda, Bible & Quran, Slams Govt Officials For Preparing Defective Gang Charts

This statement came as the Court sharply criticised the Uttar Pradesh Government officials for invoking the Gangsters Act in several cases without following due procedure.

A bench of Justice Siddhartha Varma and Justice Arun Kumar Singh Deshwal noted in many cases it had been found that the competent authorities under the Gangsters Act were not following the procedure prescribed by the U.P. Gangsters and Antisocial Activities (Prevention) Rules, 2021, in preparing a gang chart, which is the first stage of invoking the Gangsters Act upon criminal(s).

The Court added that while all State officers cannot be blamed, it was true that many of them are invoking the Gangsters Act without following the due procedure laid down by the 2021 rules.

In this regard, while considering the mandate of the 2021 rules, the Court stressed that its basic purpose was to ensure that no innocent person was falsely implicated in the Gangsters Act by providing a check and balance on the police and administrative officers.

“This Court is of the view that the object of procedural Rules, framed under the Gangsters Act as well as in other criminal laws, must be tested on the old saying that 99 accused may be acquitted, but one innocent person should not be punished,” the court fnoted.

Further, the Court cited the Rigveda, the Bible and the Quran to note that all religious texts prohibit harassment and oppression of innocent people.

From Rigveda, the Court cited Mandal-1, Sukta-5th, Varg-10th (1.5.10) of the Rigveda (interpretation by Swami Dayanand Saraswati), the English translation of which has been quoted below:

“Indra, who are the object of praises, let no men do injury to our persons; you are mighty, keep off violence.”

From the Bible, the Court quoted from Exodus 23:7, which reads thus:

“Have nothing to do with a false charge and do not put an innocent or honest person to death, for I will not acquit the guilty.”

From the Quran, the Court quoted from Surah Al-Ma'edah (Surah-5), Ayat 32. The English translation of the same reads thus:

“Because of that, We decreed upon the Children of Israel that whoever kills a soul unless for a soul or for corruption [done] in the land – it is as if he had slain mankind entirely. And whoever saves one – it is as if he had saved mankind entirely. And our messengers had certainly come to them with clear proofs. Then indeed many of them, [even] after that, throughout the land, were transgressors.”

The Court also underscored that our legal system also prescribes several procedures to protect innocent persons and punish the guilty. The bench also referred to the address of Dr B.R. Ambedkar before the enforcement of the Constitution of India to the final constituent assembly, said,

“However good the constitution may be, if those who are implementing it are not good, it will prove to be bad”.

Against this backdrop, the Court opined that providing law and procedure for its implementation may not result as desired if the persons who are implementing the same have mala fide intentions or do not respect the law and its procedure

In its 21-page order, the Court noted that considering the laxity of some State officers in preparing the gang chart against the well-established procedure laid down by the State Government, several Benches of the High Court have issued directions for preparing the gang chart and invoking the Gangsters Act.

The division bench referred to the High Court's recent rulings, wherein it was directed to the State Government officials that at the time of preparing the gang chart, the date of filing of the charge sheet ought to be mentioned in column 6 of the gang chart and the competent authorities must record their required satisfaction by writing in clear words and not by signing a pre-typed satisfaction.

Importantly, it was also directed that before approving the gang chart, the District Magistrate/Commissioner of Police should conduct a joint meeting with the District Police Chiefs to discuss material available for invoking the Gangsters Act.

The Court noted that while specific directions were given to all the District Magistrates and District Police Chiefs to record their required satisfaction in the gang chart instead of signing a pre-typed satisfaction, some of the officers were still not following the procedure and were preparing defective gang charts.

The Court made these observations while allowing five writ petitions filed by five individuals challenging the preparation of a gang chart against them. They argued that the gang chart was not in accordance with the 2021 rules.

In all 5 petitions, the first information reports under the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, were challenged on the ground that the competent authorities did not apply their minds and prepared gang charts in violation of the Rules, 2021, as well as several directions of the HC while preparing the gang charts of the FIRs in question.

In its analysis, the Court found that in all five cases, the concerned authorities did not record the required satisfaction while preparing the gang charts. The court also found several other Lacunas, which resulted in the quashing of all impugned FIRs and gang charts.

Additionally, the Court also direct the State Government to send the District Police Chiefs, District Magistrates/Police Commissioners as well as Nodal Officers, who are the competent authorities under the Gangsters Act, for training or crash course “so that they could learn how to prepare a gang chart, strictly in accordance with the Rules, 2021 as well as several directions issued by this Court and also to apprise them about appropriate cases where the Gangsters Act can be invoked.”

The Court added that this training, on one hand, will reduce the scope of getting away from the gangsters from the clutches of the Gangsters Act and on the other hand, it will save innocent persons who are merely involved in petty, one or two cases.

The Court suggested that such training or crash course can be conducted in a phased manner in the Judicial Training and Research Institute, Lucknow (J.T.R.I.), which can be arranged by the Principal Secretary Law/LR, Govt. of U.P. or at any other place where the State govt. may feel it appropriate.

Importantly, for ready reference, the guidelines issued by this Court in several judgements regarding the preparation of gang charts as well as for invocation of Gangsters Act, were also summarised by the HC as under:-

(i). While forwarding or approving the gang chart, the competent authorities must record their satisfaction as required by Rule 16 of the Rules, 2021 by writing in clear words and not by simply signing printed/pre-typed satisfaction.

(ii). Satisfaction of the competent authorities should reflect that they have applied their minds not only on the gang chart but also the documents/forms annexed with the gang chart.

(iii). Date of filing the charge sheet under the base case must be mentioned in Column-6 of the gang chart except in cases under Rule 22(ii) of the Rules, 2021 where Gangsters Act can be imposed during investigation.

(iv). Before approving the gang chart, the District Magistrate should conduct due discussion for invocation of the Gangsters Act in a joint meeting with the District Police Chief as per Rule 5(3)(a) of the Rules, 2021 and minutes/resolutions of the meeting must be recorded in a register maintained for that purpose. That register should be made available to the court for its perusal if it so requires.

(v). While signing their satisfaction competent authorities (District Police Chiefs, District Magistrates and Nodal Officers) should mention the date just below their signatures.

(vi). While approving the gang chart, the District Magistrate/Commissioner of Police should also verify whether the Nodal Officer and District Police Chief have properly recorded their satisfaction as per the Rules, 2021 as well as the guidelines issued by the State Government in pursuance of the directions issued in several judgements by the High Court.

(vii). Before invocation of the Gangsters Act, competent authorities should also record satisfaction that offence of base case/cases has/have been committed by a person who comes within the definition of “Gangster” as per Section 2(c) of the Gangsters Act and there must be material for such satisfaction. This satisfaction must be mentioned in the minutes of the joint meeting conducted as per Rule 5(3)(a) of the Rules, 2021.