Supreme Court to Hear Plea Challenging Case and Charge Sheet Under UP Gangsters Act

The Supreme Court has agreed to hear a petition challenging the order of the Allahabad High Court, which had dismissed an application seeking to quash a charge sheet and proceedings in a case lodged under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986.

A bench comprising Justices Sudhanshu Dhulia and Sanjay Kumar has requested a response from the Uttar Pradesh government on the plea filed by Raj Khan. Khan faces an FIR under the UP Gangsters Act in Pilibhit district.

The petition, submitted by advocate Tanvi Dubey, argues that the high court’s dismissal of the application under Section 482 of the Code of Criminal Procedure (CrPC) causes significant hardship and injustice to Khan. It asserts that his rights to life and personal liberty under Article 21 of the Constitution of India are being unjustly restrained due to the ongoing proceedings.

“The impugned order of the high court dismissing the application of the petitioner under section 482 CrPC is causing immense hardship and injustice to the petitioner as his freedom of life and personal liberty under Article 21 of the Constitution of India has been restrained,” the petition states.

The UP Gangsters and Anti-Social Activities (Prevention) Act, 1986, is a stringent law aimed at curbing organized crime and anti-social activities in the state. However, there have been numerous contentions about the potential misuse of this law, leading to challenges like the one presented by Khan.

The Supreme Court’s decision to entertain this plea highlights ongoing concerns regarding the balance between stringent anti-crime measures and the protection of individual constitutional rights. The response from the Uttar Pradesh government and the subsequent hearings will be pivotal in determining the outcome of this significant legal challenge.

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