Bureau Prayagraj. The Allahabad High Court made an important comment saying that a person cannot be declared a ‘goonda’ on the basis of only one or two criminal cases. The court said that doing so causes irreparable damage to the reputation of the person and his family.
A single bench of Justice Sandeep Jain made this observation while hearing a petition challenging the six-month externalization order. The order was passed by the Additional District Magistrate (Finance and Revenue), Bulandshahr, which was also upheld by the Meerut Division Commissioner.
On the basis of two criminal cases registered against the petitioner, the administration had considered him a threat to the society, terming him a habitual criminal. It was also said that his activities created an atmosphere of fear in the area, due to which people hesitated from testifying against him.
However, the High Court clarified that mere isolated incidents are not sufficient to prove a habitual offender. The court said that for action under the Uttar Pradesh Goonda Control Act, 1970, it is necessary to show that the person has been continuously involved in crimes.
Citing its earlier decisions, the court said that from one or two cases it cannot be concluded that a person is a habitual offender. It was also said that if there is a long gap between events then the element of habituation becomes even weaker.
In view of these facts, the court held that it is not appropriate to declare the petitioner a goonda on the basis of only two cases. Therefore, the entire action taken against him was declared illegal and quashed.
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