The Supreme Court on Thursday began hearing a batch of petitions challenging the constitutional validity of key provisions of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986. The petitioners argued that the state law is arbitrary and overlaps with the recently enacted Bharatiya Nyaya Sanhita, 2023 (BNS), making it legally untenable.
A bench of Justices J.B. Pardiwala and K.V. Viswanathan heard submissions from senior advocates Amit Anand Tiwari and Siddharth Dave, who appeared on behalf of various petitioners. Tiwari contended that Section 111 of the BNS, which deals with gang-related crimes, now occupies the legislative field, thereby rendering the UP Gangsters Act redundant and repugnant to the central law.
“The UP Gangsters Act is repugnant to the Central legislation as the field is already occupied. The state law cannot frame rules on that aspect,” Tiwari submitted, adding that even provisions regarding attachment of property of hardened criminals are now addressed under the BNS.
The bench, however, observed that there may not be a direct conflict between the state and central laws, stating, “State law is not in conflict with the central legislation, and both are the same thing.”
Responding to the repugnancy argument, Additional Solicitor General K.M. Nataraj and advocate Ruchira Goel, appearing for the Uttar Pradesh government, pointed out that this line of argument had been raised for the first time. They sought time to file a detailed response.
Goel also argued that the petitions were filed only after the petitioners failed to secure relief from various courts. She said the challenges to the law appear to be a reactionary move following adverse rulings.
Senior advocate Siddharth Dave supported the argument on repugnancy and further asserted that the 1986 Act is arbitrary in its application.
The bench has posted the matter for further hearing in March and directed all parties to file their written submissions in the meantime.
