Allahabad HC asks Muzaffarnagar DM, SSP, SHO to appear in misuse of Gangsters Act case
Prayagraj, Taking into consideration the misuse of Gangsters Act, the Allahabad High Court has directed the district magistrate of Muzaffarnagar, its senior superintendent of police and the station house officer to personally appear before it and to explain their "misconduct and negligence".
Allahabad HC asks Muzaffarnagar DM, SSP, SHO to appear in misuse of Gangsters Act case
Justice Arun Kumar Singh Deshwal passed this direction while taking strong exception to the repeated and arbitrary invocation of the Uttar Pradesh Gangsters and Anti-Social Activities Act, 1986, against a man allegedly to keep him inside jail.
The court also granted bail to accused Manshad alias Sona of Muzaffarnagar district in connection with the 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.
After finding clear arbitrariness in the matter, the court remarked that the conduct of the SHO reflected 'sheer misuse' of the Act. It added that the SSP and DM had also failed in their statutory duty to apply their mind before approving the action as required under Rule 5 of the UP Gangsters Rules, 2021.
"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 as it granted bail to the accused.
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 to explain their misconduct and negligence.
It may be noted that the Supreme Court has in recent times expressed serious concern over the arbitrary invocation of the Gangsters Act. In fact, in 2024, the apex court directed the Uttar Pradesh government to consider the desirability of formulating specific parameters or guidelines governing the invocation of the provisions of the Act.
Pursuant to this direction, the state government issued certain instructions along with a detailed checklist on December 2, 2024. These guidelines were subsequently adopted and given legal enforceability by the Supreme Court itself in a recent case involving SHUATS University Director Vinod Bihari Lal.
The court in its decision dated June 20 also directed the authorities to strictly follow the guidelines.
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