9 months ago
Allahabad HC Questions UP Gangster Act's Effectiveness
The Allahabad High Court is questioning how well the UP Gangster Act is working.
They say it's often used against small-time offenders instead of big criminals.
The court wants the government to show proof that the Police Commissionerate system, which was set up in some districts, has actually reduced crime.
They also asked for data on how many cases have been filed, how many people were convicted, and if the police are following the rules correctly.
The court is worried that the police might be misusing their powers.
The next hearing is on December 9.
Allahabad High Court flags misuse of UP Gangster Act against petty offenders.
Court directs UP government to provide data on crime rates in districts with Police Commissionerate system.
Petitioners challenge Gangster Act cases filed without District Magistrate's approval.
Government claims Police Commissioner has DM's powers in Commissionerate districts.
Court seeks data on Gangster Act cases, convictions, acquittals, and systemic reforms over the last 10 years.
- Who
- Allahabad High Court, UP Home Department, Rajendra Tyagi and two other petitioners
- What
- Challenging the UP Gangster Act's misuse and effectiveness, and the Police Commissionerate system
- Where
- Allahabad High Court, Uttar Pradesh
- When
- Hearing on November 27, next hearing on December 9
- Why
- To address misuse of the Gangster Act against petty offenders and lack of impact on organized crime
Key facts
- Court
- Allahabad High Court
- Act in Question
- UP Gangsters and Anti-Social Activities (Prevention) Act
- Petitioners
- Rajendra Tyagi and two others
- Commissionerates in UP
- 7 (Lucknow, Gautam Buddha Nagar, Kanpur Nagar, Varanasi, Agra, Ghaziabad, Prayagraj)
- Data Requested by Court
- District-wise data on Gangster Act cases, convictions, acquittals, and systemic reforms
- Next Hearing Date
- December 9
- Key Officials
- Justice Vinod Diwakar, UP Home Department, Director General of Police (Prosecution)
Quotes
Allahabad High Court
The judicial body hearing the case.
“The Director General of Police (Prosecution) shall furnish comprehensive district-wise data in respect of cases under the UP Gangsters and Anti-Social Activities (Prevention) Act for the last 10 years by way of a separate affidavit, including: (i) number of cases registered; (ii) number of charge-sheets filed; (iii) number of convictions secured; and (iv) number of acquittals of charge-sheeted accused(s), with a comparative analysis vis-à-vis the non-Commissionerate district(s).”
indianexpress.com
“It has been observed that criminal trials against individuals, say for illustration, with two or more than two dozen FIRs have made no substantial progress even after two to three decades of the filing of a chargesheet. Bail conditions are routinely flouted by gangsters and resourceful persons engaged in organized crime, as the JD (Prosecution) and the DGCs are not effectively discharging their duties to secure their presence before the Court on every date.”
indianexpress.com
UP Home Department
The department responsible for internal security and law enforcement in Uttar Pradesh.
“minimising the administrative layer of the DM ensures that law enforcement agencies can rapidly dismantle fast-moving criminal networks without bureaucratic latency”
indianexpress.com
“since urban policing requires technical expertise in areas like economic offences and digital forensics capabilities housed within the police force rather than the revenue administrations, direct police oversight ensures more effective enforcement against modern gangsterism.”
indianexpress.com