New Delhi, Dec 4 (UNI) The Supreme Court on Wednesday issued notice to the UP government, seeking its response on the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act as it appeared to be “draconian.”
A bench comprising Justice B.R. Gavai and Justice K.V. Viswanathan said, “ This Act seems to be “draconian.”
The Court’s observations came while hearing an appeal by a man challenging a May 2023 Allahabad High Court order in which this Act was applied.
The High Court had dismissed his application seeking to quash proceedings against him under the Act, pending before a district court in Kasganj.
“This Act appears to be draconian,” remarked the bench as it admitted the appeal.
During a hearing in November last year, the Supreme Court had sought responses from the Uttar Pradesh government and others on the plea. It also issued an interim order stating that “no coercive steps be taken against the petitioner under the Gangsters Act.”
Today, the petitioner’s counsel argued that his client was booked under the 1986 Act on allegations of illegal mining in the Ganga River. The counsel pointed out that an earlier FIR on similar allegations had already been registered, effectively charging the petitioner twice for the same offense.
The state’s counsel referred to specific provisions of the 1986 Act.
The Top Court said, “It requires consideration.” The court also highlighted that a separate plea challenging the constitutional validity of certain provisions of the Act is pending adjudication.
Before the Allahabad High Court, the petitioner’s counsel had argued that the case under the Gangsters Act was based solely on another FIR in which the petitioner was not named.
On November 29, the Supreme Court had agreed to hear a separate petition questioning the constitutional validity of specific provisions of the Act. The Bench issued a notice to the Uttar Pradesh government, seeking its response.
