Misuse of Gangsters Act: Allahabad HC summons Muz’nagar DM, SSP
The high court also granted bail to the accused Manshad alias Sona of Muzaffarnagar district in connection with a case registered under Section 2/3 of the Gangsters Act
Taking a serious note of misuse of the Gangsters Act in Muzaffarnagar, the Allahabad high court has directed the DM and the SSP of Muzaffarnagar and the concerned station house officer (SHO) to personally appear before it to explain their ‘misconduct and negligence’.
Justice Arun Kumar Singh Deshwal passed these directives on June 20 while taking strong exception to the repeated and arbitrary invocation of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, against a man, allegedly to keep him in jail.
With this, the court also granted bail to the accused Manshad alias Sona of Muzaffarnagar district in connection with a case registered under Section 2/3 of the Gangsters Act. It was submitted on behalf of the applicant that the Gangsters Act had been invoked against him on the basis of old cases that were already in existence and could have been relied upon during the previous occasion too when the Act was imposed.
It was contended that this reflected a deliberate strategy to misuse the law in order to prolong his incarceration. State government counsel, however, could not explain the reason as to why the Gangsters Act was being repeatedly imposed on the basis of old cases.
Finding clear arbitrariness in the matter, the court remarked that the conduct of the SHO reflected ‘sheer misuse’ of the Act. The court said the DM and the SSP had also failed in their statutory duty to apply their mind before approving the action, as required under Rule 5(3)(a) of the UP Gangsters Rules, 2021.
{{/usCountry}}Finding clear arbitrariness in the matter, the court remarked that the conduct of the SHO reflected ‘sheer misuse’ of the Act. The court said the DM and the SSP had also failed in their statutory duty to apply their mind before approving the action, as required under Rule 5(3)(a) of the UP Gangsters Rules, 2021.
{{/usCountry}}“This shows not only arbitrariness on the part of the SHO, but also sheer negligence on the part of the SSP and District Magistrate, Muzaffarnagar, who are required to apply their minds at the time of conducting the joint meeting,” the court observed.
{{/usCountry}}“This shows not only arbitrariness on the part of the SHO, but also sheer negligence on the part of the SSP and District Magistrate, Muzaffarnagar, who are required to apply their minds at the time of conducting the joint meeting,” the court observed.
{{/usCountry}}Furthermore, stressing that such mechanical and repeated use of the Gangsters Act violates both judicial directions and recent guidelines issued by the state in compliance with the Supreme Court’s judgment in Gorakh Nath Mishra vs State of UP, the court summoned the concerned officials on the next date of listing on July 7 to explain their misconduct and negligence.
{{/usCountry}}Furthermore, stressing that such mechanical and repeated use of the Gangsters Act violates both judicial directions and recent guidelines issued by the state in compliance with the Supreme Court’s judgment in Gorakh Nath Mishra vs State of UP, the court summoned the concerned officials on the next date of listing on July 7 to explain their misconduct and negligence.
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