It is most significant to note that Allahabad High Court has in a most learned, laudable, landmark, logical and latest judgment titled Abdul Lateef @ Mustak Khan vs State of UP and 2 Others in Criminal Misc. Writ Petition No.: 9930 of 2024 with 10379 of 2024 with 10852 of 2024 with 10916 of 2024 and with 10968 of 2024 and cited in Neutral Citation No. - 2024:AHC:119716-DB that was reserved on 15.7.2024 and then finally pronounced on 26.7.2024 has directed the Uttar Pradesh State Government to send its police officials, district magistrates and nodal officers under the UP Gangsters and Anti Social Activities (Prevention) Act for training so that they learn to act in accordance with the law. We need to note that the Division Bench of Hon’ble Mr Justice Siddhartha Varma and Hon’ble Mr Justice Arun Kumar Singh Deswal flagged the rampant violation that was mushrooming of the procedure in preparation of the gang chart under the UP Gangsters and Anti Social Activities (Prevention) Rules, 2021. It must be also noted that the notable judgment was passed on a batch of five writ petitions that were challenging the preparation of gang charts against the accused by the authorities. The Division Bench made it absolutely clear that such laws must be tested on the old saying that “99 accused may be acquitted, but one innocent person should not be punished.”
At the very outset, this remarkable, robust, rational and recent judgment authored by Hon’ble Mr Justice Arun Kumar Singh Deswal for a Division Bench of the Allahabad High Court comprising of Hon’ble Mr Justice Siddhartha Varma and himself sets the ball in motion by first and foremost putting forth in para 1 that, “As a common question is involved in all the above five writ petitions, all the writ petitions are being disposed of by a common judgement.”
To put things in perspective, the Division Bench envisages in para 2 that, “Basic issue in all the above writ petitions is preparation of gang chart in accordance with the U.P. Gangsters and Anti Social Activities (Prevention) Rules, 2021 (hereinafter referred to as “Rules, 2021”). In all the above writ petitions first information reports, under the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986 (hereinafter referred to as “Gangsters Act”), have been challenged on the ground that while preparing the gang charts of the FIRs in question, the competent authorities have not applied their minds and prepared gang charts in violation of the Rules, 2021 as well as several directions issued by this Court in the cases of Sanni Mishra @ Sanjayan Kumar Mishra vs. State of U.P. and others; 2024 (1) ADJ 231 (DB) as well as other judgements.”
Most significantly and above all, we need to note that the Division Bench mandates in para 32 postulating that, “For ready reference, guidelines, issued by this Court in several judgements regarding preparation of gang chart as well as for invocation of Gangsters Act, are being summarised as under:-
“(i). While forwarding or approving the gang chart, the competent authorities must record their satisfaction as required by Rule 16 of the Rules, 2021 by writing in clear words and not by simply signing printed/pre-typed satisfaction.
(ii). Satisfaction of the competent authorities should reflect that they have applied their minds not only on the gang chart but also the documents/forms annexed with the gang chart.
(iii). Date of filing the charge sheet under the base case must be mentioned in Column-6 of the gang chart except in cases under Rule 22(ii) of the Rules, 2021 where Gangsters Act can be imposed during investigation.
(iv). Before approving the gang chart, the District Magistrate should conduct due discussion for invocation of the Gangsters Act in a joint meeting with the District Police Chief as per Rule 5(3)(a) of the Rules, 2021 and minutes/resolutions of the meeting must be recorded in a register maintained for that purpose. That register should be made available to the court for its perusal if it so requires.
(v). While signing their satisfaction competent authorities (District Police Chiefs, District Magistrates and Nodal Officers) should mention the date just below their signatures.
(vi). While approving the gang chart, the District Magistrate/Commissioner of Police should also verify whether the Nodal Officer and District Police Chief have properly recorded their satisfaction as per the Rules, 2021 as well as the guidelines issued by the State Government in pursuance of the directions issued in several judgements by the High Court.
(vii). Before invocation of the Gangsters Act, competent authorities should also record satisfaction that offence of base case/cases has/have been committed by a person who comes within the definition of “Gangster” as per Section 2(c) of the Gangsters Act and there must be material for such satisfaction. This satisfaction must be mentioned in the minutes of the joint meeting conducted as per Rule 5(3)(a) of the Rules, 2021.”
Most fundamentally, the Division Bench propounds in para 8 that, “Before proceeding on the factual aspect as well as legal question, involved herein, it would be appropriate to discuss the basic object of the Gangsters Act. The Gangsters Act was enacted to deal with those criminals who commit crime by forming a gang or who assist or abet illegal activities of a gang which are mentioned in Section 2(b) of the Gangsters Act. The Gangsters Act can be invoked only against the persons who are termed as gangsters as per Section 2(c) of the Gangsters Act. Therefore, the Gangsters Act can be imposed only on those persons who are members of any gang and commit offence mentioned in Section 2(b)(i) to 2(b)(xxv) of the Gangsters Act or who assist such persons in any manner. Definition of the word ‘gang’ has been given in Section 2(b) of the Gangsters Act, providing group of persons either acting singly or collectively with the object of disturbing public order or gaining any undue temporal, pecuniary or material advantage for himself of any other person through violence, or threat, or intimidation, or coercion, or other similar activities by indulging in illegal activities mentioned in Section 2(b) of the Gangsters Act. Section 2(b), defining the word ‘gang’ is quoted as under:-
“2(b). “Gang” means a group of persons, who acting either singly or collectively, by violence, or threat or show of violence, or intimidation, or coercion or otherwise with the object of disturbing public order or of gaining any undue temporal, pecuniary, material or other advantage for himself or any other person, indulge in anti-social activities”.”
On the whole, we thus see that the Allahabad High Court has in the fitness of things very rightly, rationally and robustly directed the State authorities and police to undergo training on UP Gangsters Act procedures. It was without doubt the crying need of the hour also! No denying or disputing it!
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By Sanjeev Sirohi
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