Uttar Pradesh Gangsters & Anti-Social Activities (Prevention) Act, 1986 – s.2(b), (c) – First FIR was registered against the appellants and others on 11.10.2022 for alleged involvement in violence and vandalism following a social media post allegedly hurting their religious sentiments – Gang Chart was prepared on 29.04.2023, impugned FIR u/s.3(1), UP Gangsters Act was filed on 30.04.2023 – Appellants sought quashing thereof, refused by High Court – Interference with:
Held: The procedural and substantive thresholds prescribed u/s.2(b) and 2(c), UP Gangsters Act have not been adequately met in the present case – The incident occurred on 10.10.2022, first FIR was filed on 11.10.2022 and the appellants were granted bail in January, 2023 – No new act or omission occurred between the registration of the foundational FIR on 11.10.2022 and the preparation of the gang chart on 29.04.2023 – Thus, gang chart was prepared on 29.04.2023 and the impugned FIR was filed on 30.04.2023, sans any fresh or intervening conduct – Mere listing of multiple accused persons without demonstrating their organizational roles, command structure, or evidence of prior or continued coordinated criminal activities fails to meet the stringent requirements for establishing gang membership – Thus, mere involvement of the accused appellants in a demonstration pursuant to a communal flare-up, however serious, does not ipso facto transform the participants into a ‘gang’ without evidence of organised and continuous criminal activity – Gang chart was a post-facto construction aimed at recharacterizing an already investigated and prosecuted communal altercation as an act of organised crime, without any new evidence to warrant such a serious escalation – Impugned judgment set aside – Impugned FIR and all consequential proceedings quashed – Quashing. [Paras 17, 19, 20, 29, 30]
Uttar Pradesh Gangsters & Anti-Social Activities (Prevention) Act, 1986 – s.2(b), (c) – “Gang” and “gangster” – Determination. [Paras 12-14]
Uttar Pradesh Gangsters & Anti-Social Activities (Prevention) Act, 1986 – Constitution of India – Art.21 – Extraordinary legislation with stringent penal provisions – Invocation of – Standard of evidence – Exercise of power by State – Power conferred upon the State not an instrument of harassment or intimidation, particularly where political motivations may be at play. [Paras 23-26]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Divya Pandey. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
This page is for informational and research purposes only and does not constitute legal advice. Consult a qualified advocate for advice specific to your situation.