'Sad State Of Affairs': Allahabad High Court Slams SP, DM Over Failure To Display Fairness In Gang Chart Approval
The Allahabad High Court on Tuesday slammed the Superintendent of Police (SP) and District Magistrate (DM) posted in Bahraich district for being 'unmindful' of Constitutional Court Judgments requiring application of mind and display of fairness while approving gang charts under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986.
A bench of Justice Manish Mathur noted that neither the SP nor the DM had indicated any "reason, deliberation or application of mind" to the criminal history of an accused while approving the gang chart in a 2021 case.
The Court consequently quashed the gang chart, charge sheet, cognizance and summoning order and the entire proceedings arising from the Gangsters Act case.
The Court also directed the officials concerned to "adhere to judgments of constitutional authorities and to display fairness in state action".
Case in brief
Briefly put, the Court was dealing with a petition under Section 482 CrPC filed by Yusuf Ali @ Daddan Shah, challenging proceedings under Section 3(1) of the UP Gangsters Act 1986. The proceedings concerned a 2021 Crime registered at a Police Station in Bahraich District.
It was the petitioner's case that the gang chart showed him as a member of a gang on the basis of three criminal cases.
According to him, the chart was forwarded on November 10, 2021, approved by the Additional SP and SP on November 11 and thereafter by the District Magistrate on November 15.
It was argued that the authorities had merely signed a pre-prepared gang chart in a "cyclostyled manner", which demonstrated a lack of application of mind and violated the Circular dated October 24, 2003, and the Government Order dated January 2, 2004.
These circulars require examination of the accused's criminal history and consultation between the authorities before the gang chart is finalized.
The State opposed the plea, submitting that the approver's agreement to the gang chart demonstrated that consultation had taken place. It also argued that the 2021 Rules relied upon by the petitioner came into force only on December 27, 2021, after the gang chart had already been prepared.
High Court's observations
At the outset, the High Court said that the issue would be governed by the 2003 Circular and 2004 Government Order, which were in force when the gang chart was prepared.
Justice Mathur noted that the applicable provisions required the SP to examine the criminal history and activities of the alleged gang members and thereafter finalize the list in consultation with the District Magistrate.
The Court stressed that a gang chart "is not to be prepared in a cursory manner", particularly in view of the criminal consequences that follow against an accused.
The requirement that the SP and DM approve the gang chart, the Court said, demonstrated the importance attached to "proper deliberation and subsequent preparation of gang chart".
The High Court relied upon the Supreme Court's judgment in Vinod Bihari Lal v. State of U.P., which held that the satisfaction of the approving authority is a "sine qua non" for action under the Gangsters Act.
In this case, it was held that the approving authority must record its satisfaction "in his own words" to indicate application of mind. The satisfaction, the Supreme Court had held, must not be a "cyclostyle reproduction of the application of mind communicated by the recommending authority".
The Top Court has also stressed that a "mechanical or routine exercise of power" by the recommending, forwarding and approving authorities is impermissible, as it directly impinges upon the liberty of citizens.
Justice Mathur accordingly held that it was imperative for the approving authority to indicate application of mind and deliberation before the gang chart could be finalized.
The Court further referred to Supreme Court decisions including Kranti Associates Private Limited v. Masood Ahmed Khan, observing that "reasons in an order are its soul", since they express the mind of the authority and enable it to be understood when the order is challenged.
In the present case, neither the SP nor the District Magistrate had indicated "any reason, deliberation or application of mind to the criminal history of the petitioner" while approving the gang chart.
The Court also noted a "glaring display of non-deliberation" in the fact that the SP approved the chart on November 11, while the District Magistrate approved it four days later, on November 15.
The HC found that the trial court's cognizance order of December 7, 2022 also reflected an "abject non-application of mind", observing that it had merely been passed in a routine manner.
The Court then observed:
"It is a sad state of affairs where higher governmental officials of the rank of Superintendent of Police and District Magistrate concerned are unmindful of recurring judgments of Constitutional Courts with regard to application of mind and display of fairness".
Holding that the gang chart had been prepared in violation of the applicable Circular, Government Order and judgments of Constitutional Courts, the High Court quashed the gang chart along with the entire proceedings. The petition was accordingly allowed.
Case Title - Babboo Shah vs. State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And 2 Others 2026 LiveLaw (AB) 718
Case citation: 2026 LiveLaw (AB) 718