Incomplete or Half Baked Gang Charts are reflective of professional incompetence, observes Allahabad High Court, while granting bail to accused under the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986
The Allahabad High Court has given an important Judgment on the issue of preparation of Gang Charts, the Court has observed that “half-baked” gang charts are helping the alleged gangsters to get bail, which is a threat to the society.
Terming it as “Hyde and Seek”, the court said that the efforts of the police to tackle organized crime with this arbitrariness are not fruitful.
A Single Judge Bench of Justice Rahul Chaturvedi has directed the Principal Secretary Home and Director General of Police to prepare the Rules by December 31, 2021, as per Section 27 of the Gangs and Anti-Social Activities Act, 1986.
At the same time, the Court has also provided that until the rules are made, the Senior Superintendents of Police shall issue circulars to the Superintendent of Police asking them to direct the posting of Deputy SP rank officers in their offices.
Such officers should be entrusted with the responsibility of preparing the gang chart of the accused of organized crime and after cross check of the SP SSP, the gang chart should be issued with their approval.
The Court has directed that following particulars must be mentioned in the Gang Chart:
- Full Name, Gender, permanent address of the accused
- Total Number of Cases on accused, either in individual capacity or as being a member of the gang.
- In case of consecutive prosecutions under the Gangster Act, then details of such previous cases be mentioned in the form of “Addenda”
- What is the Stage of trial of such cases before the trial court?
- Social Status, Family Background and the Financial Status.
- Whether the accused has misused the liberty of bail granted earlier?
- Whether the area of operation of Gang is in one district or more?
The Court has also ordered the Special Judges (Gangster Act) in each Sessions Division in the State to expedite the trial and make every effort to conclude it within a year of the charge sheet’s submission. The process under the Uttar Pradesh Gangster Act takes precedence over any other trial.