Allahabad High Court To UP Govt

A bench of Justice Alok Mathur and Justice Arun Kumar Singh Deshwal mentioned that every one the District Magistrates within the state have to be apprised of the instructions issued by the Excessive Court docket and Supreme Court docket on this regard, and if required, a recent coaching programme needs to be initiated for competent authorities below the Act.

The division bench handed this order whereas permitting a plea in search of quashing of the FIR below Sections 2(b)(i) and three of the Gangsters Act in addition to the gang chart in opposition to the petitioners (Shabbir Husain and One other).

Earlier than the bench, it was the case of the petitioners {that a} perusal of the gang chart confirmed that the District Justice of the Peace, Lakhimpur Kheri had not recorded her satisfaction whereas approving it, as was required below Rule 16 of the UP Gangsters and Anti-Social Actions (Prevention) Guidelines, 2021, in addition to the judgments handed by the HC in Abdul Lateef @ Mustak Khan vs. State Of Up And 2 Others and connected matters 2024 LiveLaw (AB) 457 and by the Prime Court docket within the case of Vinod Bihari Lal v. State of U.P. 2025 LiveLaw (SC) 615

Although the State opposed the plea, the AGA couldn’t dispute the factual place concerning the improper approval of the gang chart.

In its 8-page order, the Court docket reiterated that the preparation and approval of the gang chart should strictly adjust to the Gangsters Act and the Guidelines framed thereunder, particularly Rule 16, which offers with the process for forwarding and approving gang charts below the Gangsters Act.

The Court docket particularly referred to its judgment within the case of Sanni Mishra @ Sanjayan Kumar Mishra vs. State of U.P. and others, whereby detailed tips for the preparation of gang charts had been laid down, particularly requiring each the forwarding and approving authorities to file their satisfaction.

For context, on this case, the HC had additionally disapproved of the ‘mechanical’ method during which the District Magistrates and Superintendents of Police had been recording satisfaction whereas invoking the Act in quite a few circumstances.

Subsequently, the bench additionally referred to its ruling within the case of Abdul Lateef (supra), whereby the HC had sharply criticised the Uttar Pradesh Authorities officers for invoking the Gangsters Act in a number of circumstances with out following due process.

On this case, the Authorities was directed to conduct coaching programmes for all competent authorities below the Act to apprise them of the correct process.

Learn extra in regards to the HC’s observations in Abdul Lateef case right here: ‘Harassment Of Innocents A Great Sin’: Allahabad HC Cites Rigveda, Bible & Quran, Slams Govt Officials For Preparing Defective Gang Charts

Moreover, the HC additionally famous that the UP Authorities had issued complete tips in December final 12 months, in compliance with the judicial instructions concerning the preparation of gang charts.

Nevertheless, the Court docket famous that regardless of repeated instructions from the Excessive Court docket and Supreme Court docket, and the detailed tips issued by the UP Authorities, gang charts continued to be ready in a mechanical method.

Within the current case, as an illustration, the court docket noticed, the DM had authorised the gang chart with a cursory comment : “mentioned with Superintendent of Police and Committee and proposal authorised”. Taking objection to the identical, the bench noticed thus:

“That is completely nonapplication of thoughts and likewise not in consonance with the U.P. Gangster Guidelines in addition to clear violation of judgements of this Court docket in Sunni Mishra @ Sanjayan Kumar Mishra (supra) and Abdul Lateef @ Mustak Khan (supra) in addition to the judgements of Supreme Court docket within the case of Vinod Bihari Lal (supra) and Lal Mohammad (supra)”.

The Court docket strongly criticised the motion of the DM in approving the gang chart in such a informal method, because it mentioned that even after the Authorities’s coaching programme, it had no actual influence on her.

Towards this backdrop, concluding that the gang chart had been ready and authorised in an ‘unlawful’ method within the immediate case, the Court docket quashed the FIR and the gang chart, insofar because the petitioner was involved.

In associated information, a single judge of the HC recently directed the Muzaffarnagar District Magistrate, Senior Superintendent of Police and the Station House Officer to personally appear before it to elucidate their ‘misconduct and negligence’ over ‘misuse’ of the Gangsters Act in a case.

It could be famous that the Supreme Court docket too, has, in current instances, expressed critical concern over the arbitrary invocation of the Gangsters Act.