Institute of Legal and Management Studies

Few months back, the Uttar Pradesh government laid down certain parameters/guidelines concerning invocation of the provisions of Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 and preparation of gang chart thereunder.

The development came pursuant to a nudge by the Supreme Court in the case of one Gorakh Nath Mishra, who was booked under Section 3(1) of the Act. Interestingly, after examining Mishra's case in light of the newly issued directions, the UP| government found that provisions of UP Gangsters Act were not attracted in the case.

In this article, we will see some of the key directions issued by the state government in relation to the Act. These are as follows:

- Provisions of the Act be applied only when gangster commits the crime by violence, threat or show of violence or intimidation or coercion etc. alone or in group with the object of disturbing public order or of gaining any undue temporal, pecuniary, material or other advantage for himself or any other person;

- In the details of gang-chart this should be mentioned clearly that the crimes mentioned in gang-chart are covered under which sub-section of part B of section 2 of the Gangster Act;

- Up-to-date status of all the cases mentioned in the gang-chart be clearly mentioned;

- Complete compliance of the provisions of Rule 5 of the Rules 2021 be made. Those cases be never mentioned in the gang chart, on the basis of which, proceedings under the Act have been conducted earlier against the accused. Whereas, the list of above-mentioned cases shall be enclosed with the Gang-chart given in the specified format under Rule 5;

- On receiving the case file at the office of the Commissioner of Police/District Magistrate, again end to end perusal of all the facts be made and this be ensured according to rule 5(3)(a) of the Rules 2021 that only after being satisfied by holding a joint meeting with the Senior Superintendent of Police/Superintendent of Police, gang-chart be approved by the Police Commissioner/District Magistrate;

- The Police Commissioner/Senior Superintendent of Police/Superintendent of Police and the District Magistrate and Nodal Officer, while appending their signatures on the gang-chart shall also ensure to mention the date below their signatures;

- It should be shown to the satisfaction of the competent authorities that they have applied their mind not only on the gang chart but also on the documents/papers attached with the gang-chart;

- Date of filing of charge-sheet under the original case should be mentioned in column 6 of the gang chart, except those cases under Rule 22(ii) of the Rules, 2021, where Gangster Act can be invoked during the investigation. As per Rule 8(3) of the Rules, 2021, it is essential to clearly mention the latest status of cases against the gangs shown in the gang chart and the convicts or their trial in the Court. Therefore, the above rule regarding mentioning the latest status of each case on the date of approval of the gang chart should be strictly followed;

- Under Rule 26(1) of the Rules, 2021, as the case may be, whenever, the chargesheet is sent before the Police Commissioner/Senior Superintendent of Police/Superintendent of Police, for granting the necessary approval under Rule 20, they, unavoidably, shall review the entire record;

- Investigations of the case from that Police station is not to be done where the matter is registered (If the Station House Officer/Inspector-in-charge of the Police station, of which, the case is registered, reached at that Police station on the basis of work distribution/transfer and is posted at that Police station where the investigations are going on, he doesn't have to investigate that matter after informing the Nodal Officer because in that situation, he takes together the status of both, the complainant and the investigator);

- It should be ensured that no member of gang is given the benefit of government services, business, lease deeds and government schemes in any situation and wherever necessary, proceedings of attachment of above, appointment of Administrator, suspension of licenses and cancellation and counter offensive should be made;

- Investigation under this Act should be completed within 6 months. If it is not completed within the specified period, it may be extended maximum for 03-03 months with the approval of District Police Incharge and not beyond that;

- District Police Incharge should carefully peruse all the facts and evidence collected during the investigation and only thereafter approval be given for filing of charge-sheet/final report in the concerned Court;

- If deemed fit by the Investigating Officer, police custody remand of gangster be also taken within 60 days.

It is apposite to mention that in addition to the above, a checklist of 29 points and instructions have also been issued by the government for strict action against officers who are found indifferent or ignorant in adhering to the relevant guidelines/Rules.

As the government makes strides in introducing enhanced safeguards to avoid unmerited prosecution under the Act, the Supreme Court is set to hear a challenge to its constitutional validity. A bench of Justice BR Gavai (now CJI) and Justice KV Viswanathan in November last year had issued notice on a petition challenging constitutional validity of certain provisions of the UP Gangsters Act and UP Gangster and Anti-Social Activities (Prevention) Rules, 2021. The tentative next date of hearing in this case is May 20.