Supreme Court says UP Gangsters Act ‘stillborn’ law, flags misuse potential
The Supreme Court has dismissed Uttar Pradesh's Gangsters and Anti-Social Activities Prevention Act as ineffective, warning it may be used to unfairly target individuals. The bench deemed the legislation "stillborn," claiming it provides excessive power to the executive branch in determining criminal status. The Act classifies certain individuals as gangsters and prescribes penalties, but it does not establish a distinct crime.
The court criticized the reliance on an administrative "Gang Chart" prepared by the police, arguing that it permits arbitrary decisions and lacks safeguards. The court highlighted that once labeled a gangster, an individual could face long-term imprisonment without the checks and balances present in other preventive detention laws.
The court noted that the Act allows for pre-trial detention solely based on inclusion in the Gang Chart, potentially subjecting innocent people to punishment. While not overturning the Act entirely, the Supreme Court emphasized that the constitutionality of the law remains uncertain and warned against its potential for misuse.
Written by urgent.news from The Indian Express's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
