The Supreme Court has issued notice on a petition challenging the constitutional validity of certain provisions of the Uttar Pradesh Gangster and Anti-Social Activities (Prevention) Act, 1986, and the Uttar Pradesh Gangster and Anti-Social Activities (Prevention) Rules, 2021. The petitioners have contested the sweeping discretionary powers granted to the police under the Act and Rules, asserting that these violate fundamental rights guaranteed under Articles 14, 19, 20(2), 21, and 300A of the Constitution.
A bench of Justices BR Gavai and KV Viswanathan heard the petition filed by Siraj Ahmad Khan and another, represented by Senior Advocate R Basant. The petitioners argued that the Act is being misused as a tool for harassment, with the police acting as complainant, prosecutor, and adjudicator. Specific provisions under Sections 3, 12, 14, 15, 16, and 17 of the Act, along with Rules 16(3), 22, 35, 37, and 40, were challenged for enabling arbitrary arrests and property attachments even before trials commence.
Highlighting the misuse of the Act, the petitioners stated that it allows attachment of property without proper classification of accused individuals. They further argued that under the guise of the Act, individuals with no prior criminal history or cases have been arbitrarily labeled as gangsters. The plea also mentioned instances where the Allahabad High Court had upheld such actions, granting discretionary powers to the police to invoke the Act against individuals with little to no substantial evidence.
The petition specifically challenged provisions allowing property attachment orders issued by District Magistrates, which are adjudicated by the same officials, violating principles of natural justice. The petitioners also referred to previous judgments such as Shraddha Gupta v. State of Uttar Pradesh to emphasize the scope for misuse of the Act.
The Supreme Court has sought a response from the Uttar Pradesh government while maintaining the petitioners’ rights to challenge the orders of attachment and other actions under the Act.
Case Details:
Title: Siraj Ahmad Khan and Another v. State of Uttar Pradesh and Another
Case No.: W.P.(Crl.) No. 452/2024
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