Supreme Court (data map)
After the Uttar Pradesh bulldozer trial, the Supreme Court will now look into the Uttar Pradesh Gangster Act. The Supreme Court on Friday issued a notice on a petition challenging the constitutional validity of some provisions of the UP Gangs and Anti-Social Activities (Prevention) Act, 1986. A bench of Justice BR Gavai and Justice KV Vishwanathan has issued notice to the Uttar Pradesh government and sought a reply in the matter within four weeks. R Basant, counsel for the applicant, expressed serious concerns over several provisions of the bill.
Basant asked if the police could take action under the Act based on just one case. He questioned provisions of the bill, saying the current structure gave police too much power. Under these provisions, the police act as complainants, prosecutors and adjudicators, raising serious concerns about the impartiality of justice.
Justice Gawai said – We are issuing notice in this regard
Basant said, on the other hand, there is a provision that allows seizure of property without registering an FIR. This was noted by the Supreme Court in Dharmendra Kirthal v. State of Uttar Pradesh (2013). The court issued a notice, but the case ultimately did not proceed. Regarding these arguments, Justice Gawai said that notice is in the process of being issued in this matter.
Promulgated in 1986
To resolve challenges raised against the Act, the court has sought a response from the state government. Recall that the UP Gangster Act was enacted in 1986, which provided for stringent measures to prevent organized crime and anti-social criminal activities. However, it has been criticized for alleged abuse and abuse, which has led to ongoing legal challenges.
A bench of Supreme Court Justice BR Gavai and Justice KV Vishwanathan delivered the verdict on the bulldozing operation in UP. Now, less than two weeks after that decision, the same judge has issued a notice to the Uttar Pradesh government seeking an inquiry into the validity of the Gangster Act.
