Supreme Court Gives UP Govt 8 Weeks To Consider Need For Guidelines On Invocation Of Gangsters Act

The Supreme Court on April 19 granted 8 weeks' time to Uttar Pradesh government to consider desirability of laying down some parameters/guidelines in relation to the invocation of the provisions of Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 ("Act").

The matter was listed before a Bench of Justices Surya Kant and KV Viswanathan, when Additional Solicitor General KM Nataraj sought time of 8 weeks in order to take instructions on the above. Acceding to the request, the Bench posted the matter to August 2.

Briefly put, pursuant to an FIR of 2018, a case was registered against the petitioner under Section 3(1) of the Act, which prescribes the penalty for being a member of a gang as defined under Section 2(b). For quashing of the FIR and stay of arrest, he approached the Allahabad High Court, however, this plea was dismissed.

Based on judicial precedents, the High Court was of the view that, "there can be no interference with the investigation or order staying arrest unless cognizable offence is not ex-facie discernible from the allegations contained in the F.I.R. or there is any statutory restriction operating on the power of the Police to investigate a case."

On facts, it could not prima facie say that no cognizable offence was made out.

Aggrieved by the High Court decision, the petitioner moved the top Court. While the proceedings were pending, on February 2, 2024, the authorities filed a chargesheet. The Supreme Court Bench expressed displeasure with the same, calling it an attempt to render the case infructuous.

"Prima facie, it appears that the Police Authorities and the District Magistrate have tried to overreach this Court by taking peremptory action so as to render these proceedings infrucutuous", the court recorded in the order. It also directed that the chargesheet be kept in abeyance and stayed further proceedings.

In related news, the Supreme Court recently held that for continuing prosecution under Section 3(1) of the UP Gangsters Act, prosecution is required to clearly state that the accused is being prosecuted for any one or more offences (enshrined under IPC) covered by anti-social activities as defined under Section 2(b).

Counsels for petitioner: AoR Sadashiv; Advocates Ashish Kumar Pandey, Rajendra Prasad Swarnkar, Sachin Agarwal, Nishant Sanjay Kumar Singh, Prashant Andrew Leo, Fatesh Kumar Sahu, Devendra Kumar Gupta, Pushpa Gupta, and Sharwan Kumar Goyal

Counsels for respondents: Sr Adv & ASG KM Nataraj; AoR Anuvrat Sharma; Advocates Abhishek Kumar, Sharath Nambiar, Sharad Mrinal, Shubham Mishra, Ankita Pandey, Imtiyaz, and Alka Sinha

Case Title: Gorakh Nath Mishra v. State of Uttar Pradesh & Ors., Diary No(s) 2673/2023

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