Allahabad HC pulls up SP, DM over UP’s Gangsters Act approvals

Allahabad HC (File Photo)

LUCKNOW: The Lucknow bench of the Allahabad High Court has pulled up Bahraich superintendent of police and district magistrate for approving a gang chart under the Gangsters Act without demonstrating due application of mind or recording reasons for their satisfaction.Justice Manish Mathur observed that it was unfortunate that senior officers at the level of SP and DM appeared unaware of repeated judgments of constitutional courts emphasising the need to exercise discretion and maintain fairness while initiating action under the Gangsters Act. The court directed the authorities concerned to follow the law laid down by constitutional courts and ensure fairness in state action.The observations came while hearing a petition filed by Babbu Shah challenging proceedings initiated against him under the Gangsters Act at Payagpur police station in Bahraich.The court found that neither the SP nor the DM had recorded that the petitioner’s criminal history was examined, reasons were considered, or that the two authorities had deliberated before approving the gang chart. The SP approved the gang chart on Nov 11, 2021, while the DM approved it on Nov 15, 2021.

The court said the sequence of approvals clearly indicated that the necessary consultation between the two authorities had not taken place.It observed that preparation of a gang chart cannot be treated as a mere procedural formality. Considering the serious criminal consequences that may follow, the accused’s criminal history must be properly examined and the authorities must apply their independent mind before approving the chart.

The court further held that the approving authority must record its satisfaction after exercising independent discretion.Finding the approvals legally unsustainable, the court quashed the gang chart dated Nov 15, 2021, the charge sheet dated Feb 19, 2022, the cognisance and summoning order dated Dec 7, 2022 and the entire criminal proceedings arising from the case registered at Bahraich.