Supreme Court Warns Against Misuse Of Up Gangsters Act In Absence Of Organised Crime

The Supreme Court Bench comprising Justices Vikram Nath and Sandeep Mehta, in a significant development, during the hearing of Lal Mohd. & Anr. v. State of U.P. & Ors., 2025 LiveLaw (SC) 685, comprising, warned against using the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 arbitrarily. Quashing the FIR filed against two individuals, the Court mentioned that mere involvement in a single incident could not justify the application of such stringent law when there is no evidence proving an organised criminal activity. 

Background of the Case

A FIR was filed on the date of April 30, 2023, which was related to an incident which took on October 10, 2022. 

The FIR was filed after daughter-in-law of one of the appellants contested for the post of Nagar Panchayat Chairperson. 

It was argued by the petitioners the FIR so filed was politically motivated and that there was no substantive basis for applying the Gangsters Act.

Appellants Statements:-

The appellants provided that:

• The FIR was filed after more than a period of six months had passed after the respective incident, also that the timing of FIR suspiciously with local elections.
• The appellants were involved in a single communal clash and that there was no pattern of a habitual criminal activity. 
• It was also contested that the State did not comply with the mandatory guidelines from the case of Gorakh Nath Misra v. State of UP, according to which it is important to:-

1. Assess criminal antecedents,
2. Verify gang affiliations, and
3. Preparation of a gang chart with the help of appropriate evidence.

• Also there were no such materials mentioned in the FIR which proved or solidify their association with any criminal gang, hence violating their rights provided  under Article 21.

Arguments From State:- 

The State of Uttar Pradesh provided that-

• The incident which took place was communally inspired and thereby posing a serious threat to the public order, hence a strict action under the Gangsters Act was necessary.
• The said delay in the filing of the FIR was due to the time taken to verify identities as well as roles of the accused. 
• The discretion of the State in invoking special laws must not be questioned unless it is proved that such action was blatantly arbitrary or malicious.
• Ensuring public order as well as prevention of criminal threats are constitutional obligations of the State. 

Supreme Court Decision:-

Application of the Gangster’s Act in the present case was found to be wholly unjustified by the Apex Court. The Court observed that-

• Fundamental Rights: Provided under Article 21 of the Constitution, depriving one’s right to liberty should be a fair, just, and reasonable process,  and must not be based on vague or speculative grounds.
• Lack of Evidence: There were no gang charts, prior criminal records, or documentation proving the connection of the appellants to any organised criminal gang.
• Delay and Timing of the FIR: The registration of the FIR immediately after the filing of political nomination does raise concern about the ulterior motives.
• Guidelines were Ignored: The Court observed that the authorities failed to follow the procedural safeguards which are mandatory when applying the Act, as have been provided in respective judicial precedents. 

Conclusion

The decision of the Supreme Court in the present case is a strong message against misusing such special legislations for political or administrative convenience. The judgement also maintains that such penal laws which have been designed to deal with  organised crimes should be applied by strictly adhering to the legal standards as well as  procedural fairness. Such arbitrary invocation of these laws, as held by the Court, not only is unconstitutional but also negatively affects the public trust in the justice system.

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