UP Gangsters Act seems draconian, says Supreme Court

The Supreme Court on Wednesday, 4 December, observed that the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act appeared to be "draconian".

The observation by a bench of justices B.R. Gavai and K.V. Viswanathan came while it was hearing a plea filed by a man who has challenged a May 2023 Allahabad High Court order dismissing his application that prays to set aside the proceedings against him pending before a district court in Kasganj in a case registered under the Gangsters Act.

"This Act appears to be draconian," the apex court observed.

"We will consider it," the bench said while admitting the appeal.

While hearing the matter in November 2023, the Supreme Court had sought responses from the Uttar Pradesh government and others on the plea, saying, "By way of [an] ad-interim order, no coercive steps be taken against the petitioner qua Gangster Act."

On Wednesday, the petitioner's counsel said he has been booked in the case under the provisions of the 1986 Act on allegations of illegal mining in the Ganga river.

The counsel argued that earlier another FIR related to alleged illegal mining has already been registered.

"They have booked me twice for the same allegation," the petitioner's lawyer argued.

Counsel appearing for the state referred to the provisions of the 1986 Act.

"It requires consideration," the bench said, adding that a separate plea challenging the constitutional validity of certain provisions of the Act was also pending before it.

Before the high court, the counsel appearing for the petitioner has argued that he was falsely implicated in the case lodged under the Gangsters Act.

His counsel had claimed before the high court that the case has been lodged under the Gangsters Act only on the basis of another case, in which the petitioner has not been named.

On 29 November, the top court agreed to hear a separate plea challenging the validity of certain provisions of the Act and issued notice to the Uttar Pradesh government seeking its response on the petition.