UP Govt To Revisit Anti-Gangster Law Cases, Formulate New Guidelines

The Uttar Pradesh government informed the Supreme Court on Thursday that it plans to review existing criminal cases filed under the stringent Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986.

It is also working on new guidelines for the application of the law.

A bench comprising Justices Surya Kant and Ujjal Bhuyan expressed concerns about the “draconian” nature of certain provisions of the Act, urging the government to re-evaluate its applicability. “Some provisions are draconian. The government must examine where it should be applicable and where it should not,” the bench stated.

In response, Additional Solicitor General K.M. Nataraj assured the court that the government is finalizing new guidelines and will review existing cases. “We will put the new guidelines on record. The existing cases will also be examined to determine whether the law should be applied,” Nataraj said.

The court recorded the submission and set a timeline for further review. “The guidelines will be placed on record for our consideration. List the matter in the first week of January 2025. Authorities may revisit existing cases in view of the revised guidelines to assess if the Act should be invoked,” the bench noted.

Background on the Law

The Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act was enacted in 1986 to curb organized crime and anti-social activities. It prescribes imprisonment of 2 to 10 years and a minimum fine of ₹5,000 for violations. For offenses against public servants or their families, the minimum jail term increases to 3 years. Public servants aiding gangsters can face imprisonment ranging from 3 to 10 years.

Ongoing Legal Challenges

The Supreme Court’s order came in response to a plea filed by Gorakh Nath Mishra, who sought to quash an FIR against him under the Act. Mishra had earlier been denied relief by the Allahabad High Court.

The bench also tagged a similar case and noted that the state government’s proposed guidelines would influence the re-evaluation of pending cases.

Multiple petitions challenging the Act’s provisions are currently under consideration by different Supreme Court benches. On December 4, a bench led by Justice B.R. Gavai described the Act as “draconian” while hearing a case related to proceedings in Kasganj. Similarly, on December 3 and November 29, other benches agreed to examine challenges against specific provisions of the law and issued notices to the UP government.

The new guidelines are expected to bring clarity on the application of the anti-gangster law, potentially altering the legal landscape for those charged under its provisions. The Supreme Court will next review the matter in January 2025.

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