Allahabad HC Convicts Mukhtar Ansari in Gangster Act Case; Sentences to 5 Year Jail

The Allahabad HC on Friday convicted Mukhtar Ansari in Gangster Act Case.

The bench of Justice Dinesh Kumar Singh was dealing with the appeal challenging the judgment and order passed by the Additional Sessions Judge, in a Criminal Case filed under Section 2/3 of The Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986.

In this case, An FIR was registered under Section 2/3 Gangsters Act, alleging that the accused-respondent and other co-accused, is a gang, which commits heinous offences, including murder, extortion, kidnapping and abduction etc.

The issue for consideration before the bench was:

If the accused has been acquitted for offences, which were mentioned in the gang chart, (substantive offences), can he still be convicted for an offence under Section 2/3 Gangsters Act?

The High Court opined that the offence under Section 2/3 Gangsters Act is a distinct and separate offence than the substantive offence. If the prosecution proves that the person belongs to a gang and indulges himself in committing an offence with object of disturbing public order or of gaining any undue temporal and pecuniary material or another advantage for himself or any other person, he may be punished under the Gangsters Act.

The bench stated that Gang-leader and member of the gang is called gangsters. Even a person, who abets or assists in the activities of gang, as defined under Section 2(b), whether before or after the commission of such activities or harbours any person, who has indulged in such activities, would be also a gangster.

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The High Court observed that

“the offence under the Gangsters Act is an independent offence than a substantive offence. If it is proved that a person belongs to a group of persons and commits an offence individually or with a group of persons, which are defined under Section 2(b) of the Gangsters Act, such a person is a gangster and he would be punished for a term, which may be two or three years and extendable to ten years with a minimum fine of rupees five thousand.”

The bench observed that when a specific offence has been created in a Special Statute and the offence is covered by the Statute and fulfils the requirement as defined, he may be punished under the Gangsters Act.

In view of the above, the High court allowed the appeal. 

Case Title: State of U.P. v. Mukhtar Ansari

Bench: Justice Dinesh Kumar Singh

Case No.: GOVERNMENT APPEAL No. – 779 of 2021

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