The Supreme Court on Wednesday issued a notice in a plea questioning the constitutional validity of certain provisions of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986. The bench comprising Justice B.R. Gavai and Justice K.V. Viswanathan sought responses from the Uttar Pradesh government on the petitioner’s contentions.
Senior Advocate R. Basant, appearing for the petitioner, raised several critical concerns regarding the provisions of the Act.
“Can the police itself initiate a case under the Act solely based on a single base case?” asked Basant, adding that the current framework places excessive power in the hands of the police. “Under these provisions, the police act as the complainant, prosecutor, and adjudicator, which raises serious concerns about the impartiality of justice.”
Another key issue raised was the provision allowing property attachment without the registration of an FIR. Basant pointed out that this had been flagged in Dharmendra Kirthal v. State of UP (2013) 8 SCC 368, where the court had issued notice but did not ultimately address the matter.
Responding to the arguments, Justice Gavai observed, “We will issue notice in this case.” The court has now sought responses from the concerned parties to address the challenges raised against the Act.
The Uttar Pradesh Gangsters Act, enacted in 1986, provides stringent measures to curb organized crime and anti-social activities. However, it has faced criticism over its alleged misuse and overreach, leading to legal challenges like the present one.
The hearing concluded with the notice being issued. The matter will be listed for further hearing on a date yet to be determined.
