Allahabad HC slams Bahraich DM, SP for approving gang chart sans maintaining fairness

“It is a sad state of affairs where higher governmental officials of the rank of Superintendent of Police and District Magistrate concerned are unmindful of recurring judgments of Constitutional Courts,” the Lucknow bench observes

The Lucknow bench of the Allahabad high court has slammed the Bahraich district magistrate and the superintendent of police for approving gang charts under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, without “due application of mind” or “maintaining fairness”.

The judgment was passed on a petition filed by Babbu Shah challenging the proceedings against him under the Gangsters Act at Payagpur police station in Bahraich. (For Representation)

“It is a sad state of affairs where higher governmental officials of the rank of Superintendent of Police and District Magistrate concerned are unmindful of recurring judgments of Constitutional Courts with regard to application of mind and display of fairness,” the court observed.

Justice Manish Mathur passed the judgment on September 15 on a petition filed by Babbu Shah challenging the proceedings against him under the Gangsters Act at Payagpur police station in Bahraich.

The court noted that neither the DM nor the SP indicated any “reason, deliberation or application of mind” to an accused’s criminal history while approving the gang chart in a 2021 case. The court consequently quashed the gang chart, charge sheet, cognisance and summoning order and the entire proceedings arising from the Gangsters Act case.

The court also directed the officials concerned to “adhere to judgments of constitutional authorities and to display fairness in state action”. The court was dealing with a petition under Section 482 CrPC filed by one Babbu Shah, challenging proceedings under Section 3(1) of the UP Gangsters Act 1986.

It was the petitioner’s case that the gang chart showed him as a member of a gang on the basis of three criminal cases. According to him, the chart was forwarded on November 10, 2021, approved by the additional SP and the SP on November 11 and thereafter by the district magistrate on November 15.

It was argued that the authorities had merely signed a pre-prepared gang chart in a “cyclostyled manner”, which demonstrated a lack of application of mind and violated the circular dated October 24, 2003, and the government order dated January 2, 2004.

The state counsel opposed the plea, submitting that the approver’s agreement to the gang chart demonstrated that consultation had taken place. It also argued that the 2021 Rules relied upon by the petitioner came into force only on December 27, 2021, after the gang chart had already been prepared.

Holding that the gang chart had been prepared in violation of the applicable circular, GO and judgments of constitutional courts, the high court quashed the gang chart along with the entire proceedings.