Supreme Court Issues Notice On UP Congress President Ajai Rai's Plea To Quash Case Under UP Gangsters Act

The Supreme Court today (June 25) issued notice to the State of Uttar Pradesh on the petition filed by UP Congress President Ajay Rai for quashing the criminal trial against him under offences of the UP Gangsters and Anti-Social Activities (Prevention) Act 1986. The Court also ssued notice on his stay application. 

The vacation bench of Justices AS Oka and Rajesh Bindal was hearing the challenge to the order of the Allahabad High Court by Justice Sanjay Kumar Singh  which refused to quash the criminal trial pending against Rai.

 The Counsel for the petitioner requested that the proceedings be stayed, to which Justice Oka said that the Trial Judge could be informed on the next date (July 4) about the Top Court's notice order on the present SLP. 

"You point out that the notice has been issued" 

The Court will hear the matter on July 15 on merits as well as on the issue of stay of criminal trial. 

" Returnable on 15 July, Issue notice on SLP as well as on the Stay application. Liberty to serve the standing counsel"

Before the High of Allahabad, the petitioner had sought the quashing of the entire trial proceedings arising out of an FIR registered in 2010 under offences of S.147, 148, 448, 511, 323, 504, 506, 120-B IPC, Section 7 of Criminal Law Amendment Act and Section 3(1) of U.P. Gangsters & Anti-Social Activities (Prevention) Act. The Chargesheet for the offences was filed in 2011. 

As per the facts, the informant alleged Rai and 5 other known and 24-25 unknown persons came to his house and assaulted him with sticks and weapons.

The main contention of the petitioner was that the provisions of section 3(1) of the Act cannot be added during the investigation of a case, which was lodged by a private person, as in the case under the Gangster Act, the informant has to be a police official. It was further submitted that a compromise agreement had been reached between the Petitioner and the informant on 28.9.2023 which should be considered for quashing the trial. 

The High Court dismissed the application on the following counts : (1)There is no express bar under the UP Gangster Act against the addition of S.3(1) during the investigation; (2) It is not necessary under S.3(1) that the informant has to be a police official; (3) There had been a delay of 12 years in filing the application for quashing and the trial had reached an advanced stage with 9 witnesses already examined; (4) No compromise with regards to offence under S. 3(1) can be permitted in statutory terms.

It may be noted that the High Court had earlier in November 2023 dismissed another petition for quashing filed by Rai on similar grounds. 

The Petition was filed with the assistance of AOR Divyesh Pratap Singh. 

Case Details: AJAI RAI VS. STATE OF U.P. DIARY NO. - 26206/2024 & Connected Matters