The Supreme Court has consented to examine a plea contesting the application of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act in a case against Raj Khan, after the Allahabad High Court dismissed a bid to quash the chargesheet and proceedings. The hearing, slated for final arguments, will be presided over by Justices Sudhanshu Dhulia and Ahsanuddin Amanullah.
The plea, represented by Senior Advocate Gaurav Agarwal alongside advocate Tanvi Dubey, challenges the foundation of the FIR lodged against Khan under the UP Gangsters Act. According to the petition, the charges are baseless and merely extend a previous FIR, representing a severe misuse of legal processes and police powers.
Khan’s legal team contends that the charges against him were spurred by personal animosity following his complaints to the chairman of the Sunni Central Waqf Board regarding alleged financial discrepancies. The petition argues that this has led to vindictive legal action meant to punish Khan for his whistleblower activities.
“The chargesheet and the initiation of proceedings are prima facie malicious, aimed at exacting vengeance due to a personal grudge,” the plea alleges. It further asserts that apart from this case, Khan has no criminal history, and that his prosecution under the Gangsters Act is an infringement on his fundamental right to life and personal liberty as guaranteed under Article 21 of the Constitution.
The plea implores the Supreme Court to quash the chargesheet and halt all related proceedings, positioning the case as an attempt to silence Khan’s dissent against corruption in the management of Waqf properties. “The high court failed to recognize that the petitioner, an innocent citizen, has become a victim due to his stance against fraud and misuse within the Waqf administration,” it stated.
