"Act Smacks Of Prejudice & Malafide": Allahabad High Court Questions DM For Slapping 'Gangster Act' On Lady For 2 Pending Cases

The Allahabad High Court today called it a strange case that on account of just two pending criminal cases against a lady, the Gangster Act [The Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986] was slapped on her.The Bench of Justice Vivek Kumar Singh sought a personal affidavit from the District Magistrate, Kanpur Nagar explaining as to under what circumstances a lady (the applicant) against whom only two cases are pending has been made a criminal under the Gangster Act.The applicant before the Court submitted that there are two other cases mentioned against her in Gang Chart [under Sections 411 IPC; and under Section 489B], Police Station Kalyanpur, Kanpur Nagar. To this, the Court remarked thus:"The Court it has experienced in a number of cases that sometimes the police functionaries act in an eccentric way, similarly, the present one is an exemplar wherein the act of police functionaries smacks of prejudice and malafide."Lastly, noting that the matter needs consideration, the Court called for the affidavit of DM, Kanpur Nagar and posted the matter for further hearing on August 17.Allahabad High Court's recent orders related to invoking of Gangster Act against citizensNoting that in some cases, the gang-chart had been wrongly prepared by the Authorities indicating the incorrect crime cases against the accused persons, the Allahabad High Court In June 2021 took strong exception to the careless and lethargic attitude of the authorities in preparing the Gang Charts.This observation came by the Bench of Justice Rajesh Singh Chauhan, which was hearing the bail plea of an accused/applicant who stated that he was not an accused in few of the cases, as claimed in the Gang Chart but the police station falsely prepared the gang chart involving him applicant in the said cases."This is really sorry state of affairs that while preparing the gang-chart the due care and precaution has not been taken into account by the authorities concerned and the gang-chart has been prepared without verifying the relevant facts and information relating to the crime cases carefully," the Court observed.Similarly, the Allahabad High Court in June 2021 had taken serious note of "half backed" gang-charts being filed under the UP Gangster Act 1986, which ultimately helps alleged gangsters in "easily obtaining bail", thereby threatening the order of the civil society.A Single Bench of Justice Rahul Chaturvedi observed that in the age of the internet, where information of the entire world is on one's fingertips, the concerned authorities are expected to prepare extensive gang-charts that will help the Court to effectively adjudicate bail pleas."The callous and careless approach in preparing the gang chart would not only adversely affect the prospects of criminal prosecution against that individual, who are harden criminals but also the very object of the enactment would also go haywire. The accused would have an easy access of the bails from the law courts," the Bench observed.Last year, the Allahabad High Court had expressed its prima facie view that the provisions of the Gangsters Act are being misused thoroughly in the State of Uttar Pradesh by the police.The Bench of Justice Dinesh Kumar Singh was hearing the bail plea filed under Section 439 Cr.P.C. in connection with FIR registered under Section 2/3 U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 in Police Station Baghauli, District Hardoi against the accused-applicant and two other co-accused.Case title - Smt Aalia v. State of U.PClick Here To Download OrderRead Order

"Act Smacks Of Prejudice & Malafide": Allahabad High Court Questions DM For Slapping 'Gangster Act' On Lady For 2 Pending Cases

Sparsh Upadhyay

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