Allahabad High Court Questions Misuse of Gangster Act, Criticizes Police Functioning

Prayagraj: The Allahabad High Court has made strong observations on the functioning of the Uttar Pradesh Police and the alleged arbitrary use of the Gangsters Act, emphasizing that law enforcement agencies must remain committed to constitutional principles rather than political considerations.

Hearing a petition related to a case registered under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, Justice Vinod Diwakar observed that field-level officials often appear more loyal to the ruling establishment than to the Constitution. The court noted that pressures arising from the transfer-posting system and its associated dynamics can influence officials to tailor their conduct in a manner that pleases political superiors, potentially affecting the fair and impartial implementation of the law.

The remarks came during proceedings involving a dispute that was originally civil in nature but was allegedly given a criminal dimension by the police. In 2023, an FIR under the Gangsters Act was lodged in Ghaziabad against petitioner Rajendra Tyagi, his son, and his daughter-in-law.

After examining the facts of the case, the High Court found that while allegations such as cheating or forgery could be investigated under relevant provisions of law, the application of the Gangsters Act appeared unjustified. The court observed that the material placed on record did not establish the elements necessary for invoking the stringent provisions of the Act.

The judgment underscores the judiciary’s concern over the misuse of special criminal laws and reiterates that such legislation should only be invoked in cases that genuinely meet the legal criteria prescribed under the statute. The court stressed that indiscriminate use of harsh legal provisions can undermine public confidence in the justice system and infringe upon individual rights.

The ruling is being viewed as a significant reminder to investigating agencies to exercise caution, fairness, and adherence to constitutional values while initiating criminal proceedings.

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