Court demands comprehensive analysis and accountability reports from Home Department on crime reduction and police efficiency under new law enforcement structure.
In a significant ruling, the Allahabad High Court has directed the Home Department of Uttar Pradesh to provide empirical data and detailed analysis to substantiate the exclusion of District Magistrates from joint meetings in Commissionerate areas under the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 2021. The judgment, delivered by Justice Vinod Diwakar, underscores the necessity of empirical evidence to validate claims of improved crime management and law enforcement efficacy in metropolitan districts.
The court's decision arises from an application challenging the exclusion of District Magistrates under Rule 5(3)(a) of the Act. The State Government had justified this exclusion by citing provisions from the Code of Criminal Procedure, but the court found these explanations largely theoretical and demanded concrete data.
Justice Diwakar emphasized the need for affidavits containing detailed empirical data and comparative analyses to assess whether the Commissionerate system has indeed led to a reduction in crime rates in districts where it has been implemented, as compared to non-Commissionerate districts. Furthermore, the court requires information on training programs for police officers who have assumed roles traditionally held by District Magistrates.
Addressing broader concerns, the court highlighted the misuse of police powers, particularly the over-application of stringent laws to minor offenders while organized crime syndicates remain largely unscathed. The judgment calls for systematic reforms, including policies for expeditious case disposal, witness protection, and holding prosecutors accountable.
Additionally, the court demanded reports on disciplinary actions against police and prosecution officers over the past decade for inefficiency, corruption, or procedural lapses in cases under the Gangsters Act. It instructed the Home Department to submit names and actions taken against such officers.
The ruling reiterates the importance of equal legal protection for all citizens and warns against selective investigation and prosecution, which can erode public trust in governance.
The Registrar (Compliance) has been directed to ensure transmission of the order to relevant authorities for effective compliance, with the next hearing scheduled for December 9, 2025.
Bottom Line:
U.P. Gangsters and Anti-Social Activities (Prevention) Act, 2021 - Exclusion of District Magistrate from joint meeting in Commissionerate areas justified under Rule 5(3)(a) - Requires empirical data and analysis to substantiate claims of crime reduction and effective law enforcement in Commissionerate districts.
Statutory provision(s): U.P. Gangsters and Anti-Social Activities (Prevention) Act, 2021, Cr.P.C. Sections 107, 117, 133, 144, 145, Section 20(2)
Rajendra Tyagi v. State of U.P., (Allahabad) : Law Finder Doc Id # 2825310
