UP Gangsters Act Draconian: Supreme Court

New Delhi: The Supreme Court in a significant judicial observation on Wednesday termed the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act of 1986 as “draconian”. The apex court was hearing an appeal against a May 2023 decision of the Allahabad high court, which had dismissed a petition seeking to quash proceedings under the said act in a district court in Kasganj.

The bench comprising Justice B.R. Gavai and Justice K.V. Viswanathan expressed concerns about the nature of the law. “This Act appears to be draconian,” the bench said as they proceeded to admit the appeal for further examination.

In November last year, the apex court had sought responses from the Uttar Pradesh government and others on the plea and said, “By way of ad-interim order, no coercive steps be taken against the petitioner qua Gangster Act”.

The petitioner’s counsel on Wednesday said that he had 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 was registered. “They have booked me twice for the same allegation,” the lawyer argued.

The counsel appearing for the state referred to the provisions of the 1986 Act. “It requires consideration,” the bench said.

Noting that a separate application challenging the constitutional validity of certain provisions of the Act was pending adjudication before it, the bench said it would consider both the petitions.