Supreme Court Adopts State's Guidelines On UP Gangster Act In Judgment, Directs Authorities To Strictly Follow Them

The Supreme Court in a recent judgment adopted the guidelines framed by the State of UP regarding the invocation of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986.These guidelines were framed by the State following the nudge by the Court in the case Gorakh Nath Mishra v. State of Uttar Pradesh.While considering another case related to the SHUATS University Director Vinod Bihari Lal, the Court decided to give enforceability to these guidelines. "In light of the foregoing, we direct the concerned authorities to adhere to the aforementioned guidelines and comply to the Checklist, in both letter and spirit," the Court said.A bench of Justice JB Pardiwala and Justice Manoj Misra on May 23 quashed Gangster Act cases against Vinod Bihari Lal on the grounds that the FIRs were nothing but an abuse of the process of law. While doing so, the Court brought its attention to the coordinate bench of this Court's judgment in Gorakh Nath Mishra v. State of Uttar Pradesh, wherein, through an order dated April 19, 2024, the Court directed the State of Uttar Pradesh to formulate guidelines to invoke the 1986 Act.Pursuant to this order, the Government of Uttar Pradesh introduced certain directions and a checklist on December 2, 2024. "In view of the facts of the present case at hand, we would like to inject thrust into the Guidelines dated 02.12.024, and also subsume the following portions of the Guidelines as a part of this judgment."Some of the guidelines reproduced by the Court in the present judgment are:(1) Provisions of the Act be applied only when gangster commits the crime by violence, threat or show of violence or intimidation or coercion etc. alone or group with the object of disturbing public order or of gaining any undue temporal, pecuniary, material or other advantage for himself or any other person.(3) Attested copy of the Gang Register, maintained at Police Station, be also enclosed with gang-chart. Also the criminal details collected by DCRB and CCTNS/ICJS be enclosed. (8) On receiving the case file at the office of the Commissioner of Police/District Magistrate, again end toend perusal of all the facts be made and this be ensured according to rule 5(3)(a) of the Rules 2021 that only after being satisfied by holding a joint meeting with the Senior Superintendent of Police/Superintendent of Police, gangchart be approved by the Police Commissioner/District Magistrate.(9) After preparing the gang chart and getting the same approved and after thorough investigations, legal scrutiny and in addition to full compliance of the above-mentioned Government Orders regarding other relevant proceedings, as per Rule 5(3)(a) of the Rules 2011, it should also be ensured to maintain a register for entry of the resolutions of the Joint Meetings of the District Magistrate/the Police Commissioner/Senior Superintendent of Police/Superintendent of Police. In addition to the above, the Police Commissioner/Senior Superintendent of Police /Superintendent of Police and the District Magistrate and Nodal Officer, while appending their signatures on the gang-chart shall also ensure to mention the date below their signatures.(10) It should be shown to the satisfaction of the competent authorities that they have applied their mind not only on the gang chart but also on the documents/papers attached with the gang-chart.(13) Rule 16(1) of the Rules, 2021 provides for the forwarding of gang charts by the Additional Superintendent of Police. Therefore, as per rules, under Rule 16(1) of the Rules, the Additional Superintendent of Police (Nodal Officer) should record his satisfaction in writing regarding the chart.(14) As per Rule 16(2) of the Rules, 2021, the District Police Officer, Senior Superintendent of Police/Superintendent of Police, after studying the submission of the Additional Superintendent of Police under Rule 16(1) shall send the same to the District Magistrate or Commissioner of Police, regarding his satisfaction for approval of the gang chart.(15) As per Rule 17(2) of the Rules, 2021, signatures on gang chart pre-printed on rubber stamp are prohibited. Accordingly, the approval shall be recorded on the gang chart by the competent authority only after proper use of independent mind and pre-printed rubber stamp shall not be used.(17) In case, the Prosecution Officer points out any illegality/irregularity in conducting investigations or with regard to the conclusion of the documents collected during investigation proceedings, after getting done disposal of the same, as the prosecution officer is satisfied that illegality/irregularity there is no remaining, only thereafter, the Additional Superintendent of Police shall forward the above-said records to the Senior Superintendent of Police or Superintendent of Police for approval under Rule 20(4) of the Rules, 2021.(18) Under Rule 26 (1) of the Rules, 2021, as the case may be, whenever, the above-said Charge-sheet is sent before Commissioner/Senior the...

Supreme Court Adopts State's Guidelines On UP Gangster Act In Judgment, Directs Authorities To Strictly Follow Them

Gursimran Kaur Bakshi

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