UP Gangster Act has serious consequences, hence strict adherence to procedure is mandatory: Supreme Court

Bureau Prayagraj- The Supreme Court quashed the proceedings against alleged gangster Gabbar Singh under the Uttar Pradesh Gangster and Anti-Social Activities (Prevention) Act, 1986. The court gave this decision citing procedural irregularities in the process of sending the recommendation for preparing the gang chart, in which Gabbar Singh’s name is included.

Rejecting the State Government’s explanation, the Court reiterated the settled principle that when a law prescribes that a thing should be done in a particular manner, it should be done in that manner and not at all; Especially when a person’s personal freedom is at stake. When a particular thing is to be done, it must be done in the manner prescribed—here prescribed by law—otherwise it must not be done at all. Especially when a person’s freedom is at stake; A freedom which is precious to all and which can be violated only in accordance with the law.

Justice Sanjay Kumar and Justice K. Vinod Chandran’s bench set aside the decision of the Allahabad High Court, in which it had refused to quash the FIR. The bench said in its decision that the apparent procedural irregularities in the process of preparing and forwarding the gang chart made the entire foundation of the FIR weak (defective).

The court said, “It is mandatory for the gang chart to contain the recommendations of the nodal officer and the Additional Superintendent of Police, which are approved by the Superintendent of Police and the District Magistrate. These recommendations should be in writing and the approval should be signed. In this case neither mandatory recommendations nor signatures of anyone are available.”

The case pertains to an FIR registered under Section 3(1) of the 1986 Act in Bahraich. In this FIR, it was alleged that the appellant (accused) was part of a gang which was involved in serious crimes like illegal occupation of land, extortion and forgery. The prosecution relied solely on this “gang chart” to enforce the stringent provisions of the law.