SC faults UP Gangsters Act, says it is prone to misuse
Questions Gang Charts, Prolonged Detention Without Defined Offence
The Supreme Court has expressed concerns over the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, deeming it prone to misuse and lacking safeguards against vindictive actions. A bench of Justices J B Pardiwala and K Vinod Chandran highlighted the Act's failure to create a specific offense, which is a requirement for any penal law.
The Act permits detention without any defined crime, allowing a trial and punishment based solely on the Gang Chart. The bench likened this to the English proverb, "Give a dog a bad name and hang him." The court was particularly troubled by the absence of a crime definition and the reliance on administrative officers and police personnel to determine status through the Gang Chart.
The court emphasized that any penal enactment must prevent arbitrary actions, warning that a mere allegation could lead to long detention and arrest without trial. The SC stressed that while curbing the menace of criminal gangs is essential, the means used must not infringe upon citizens' liberties.
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