New Guidelines On How To Apply Anti-Gangster Law In State Almost Ready: UP To SC

The law, enacted in 1986, provides for imprisonment from 2 to 10 years, including a minimum Rs 5,000 fine for the violation of the law.

New Delhi: The UP government on Thursday informed the Supreme Court that it might revisit existing criminal cases where its stringent anti-gangsters law was invoked and new guidelines were being formulated on how to apply its provisions.

A bench of Justices Surya Kant and Ujjal Bhuyan told additional solicitor general K M Nataraj, representing the government, that some of the provisions of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act appeared to be "draconian". "Some of the provisions are draconian. Government must examine where it should be applicable and where it should not be applicable," the bench told Nataraj.

In response, the ASG said, "In compliance with the court's earlier order the government is formulating new guidelines on applicability of the provisions of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act. It is almost ready and we will put it on record. The existing cases will also be examined on whether the law should be applicable or not."

The bench recorded his submission and said, "Some guidelines are being formulated and it will be placed on record for our consideration. List in the first week of January 2025. The authorities may revisit the existing cases in view of the revised guidelines to find out if the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act are required to be pressed or not."

The top court passed the order on a plea of one Gorakh Nath Mishra, who has challenged an order of the Allahabad High Court refusing to quash the FIR lodged against him under the provisions of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act.

It also tagged another case seeking quashing of charges under the law with Mishra's case saying the state government had agreed to revisit all the cases in view of the new proposed guidelines. Multiple petitions were filed in the apex court which are being taken by different benches challenging the validity of the Act.

The law, enacted in 1986, provides for imprisonment from 2 to 10 years, along with a minimum Rs 5,000 fine for the violation of the law. However, the minimum jail term increases to 3 years if a gangster commits an offence against a public servant or a public servant's family member. The law further says, that if a public servant provides help or support to a gangster, then that bureaucrat can be punished with a 3 to 10-year jail term.

On December 4, a bench headed by Justice B R Gavai observed the law appeared to be "draconian". It was hearing a plea filed by a man who challenged a May 2023, Allahabad High Court order dismissing his application seeking to set aside proceedings against him pending before a district court in Kasganj in a case registered under the Act.

In another matter on December 3, a bench headed by Justice Sudhanshu Dhulia agreed to hear a plea challenging an Allahabad High Court order dismissing a plea for quashing a chargesheet and proceedings under the Act.

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