In a significant judicial observation, the Supreme Court of India on Wednesday, 4 December, termed the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act of 1986 as “draconian”. This came while the apex court was hearing an appeal against a May 2023 decision of the Allahabad High Court, which had dismissed a petition seeking to quash proceedings under the said act in a district court in Kasganj.
The bench, comprising justice B.R. Gavai and justice K.V. Viswanathan, expressed concerns about the nature of the law. “This Act appears to be draconian,” remarked the justices, as they proceeded to admit the appeal for further examination.
The petitioner, implicated in a case under the Gangsters Act for alleged illegal mining along the Ganga river, had his predicament compounded by a prior FIR charging him with similar offenses. His counsel argued the unfairness of being targeted twice for the same allegation, highlighting potential abuses under the current statutory framework.
The state’s counsel defended the act, suggesting that its stringent provisions were necessary. However, the Supreme Court’s preliminary remarks underscored a cautious approach, reflecting the judiciary’s role in balancing enforcement with constitutional guarantees.
The hearing in November had prompted the court to seek responses from the Uttar Pradesh government, staying any coercive actions against the petitioner until further review. As the court also prepares to hear a separate plea challenging specific provisions of the Gangsters Act, the legal scrutiny could lead to significant changes in how anti-gangster policies are implemented in Uttar Pradesh.
