'Stillborn law': Supreme Court finds fault with Uttar Pradesh Gangsters Act, says prone to misuse

The Supreme Court has ruled that the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act of 1986 is a "stillborn" law that is prone to misuse. The court stated that the law, intended to stop violence and organized criminal activity, could instead be used against innocent citizens. The judicial panel found that the statute, which does not create a valid legal offense, lacks a clear definition of the crime of "gangster."

This lack of specificity makes the penal act "stillborn," as it fails to provide a concrete basis for punishment. The court emphasized that while the menace of criminal gangs must be addressed, the means used to achieve this goal must not infringe upon citizens' liberties. The Bench also noted that the provisions of the Act might lead to prolonged detention without trial, similar to a preventive detention law, which is subject to strict safeguards.

Despite the severity of the social issue, the court held that a penal enactment cannot lead to arbitrary and capricious actions against individuals accused of committing an offense.