Court Criticizes Administrative Authorities for Non-Compliance with Judicial Directions and Misuse of Powers
The Allahabad High Court has issued a show-cause notice to the Additional Chief Secretary (Home) of Uttar Pradesh in a case involving allegations of misuse of police powers under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986. The judgment, delivered by Justice Vinod Diwakar, scrutinizes the delegation of powers and the compliance of administrative authorities with judicial orders, emphasizing the importance of accountability and adherence to the rule of law.
The case, titled "Rajendra Tyagi v. State of U.P.," was brought to the court's attention on allegations that the provisions of the U.P. Gangsters Act were improperly invoked against the applicants, including Rajendra Tyagi and two others. The court had previously directed the submission of relevant notifications and affidavits by the State's administrative officers to justify the invocation of the Act. Despite multiple hearings and directives, including the requirement for a personal affidavit from the Additional Chief Secretary (Home), the court found the justifications provided to be insufficient and lacking in addressing the core issues.
Highlighting the misuse of delegated powers, the court observed that administrative decisions must be rational and in furtherance of statutory policy. It criticized the tendency to exercise administrative discretion without due application of mind and the lackadaisical approach of the concerned officers. Justice Diwakar emphasized that courts retain the power to intervene in cases of irrational, abusive, or arbitrary administrative actions to uphold judicial sanctity and the rule of law.
The court's order mandates the Additional Chief Secretary (Home) to explain the repeated failures of the Home Department in complying with court orders and to disclose any legal impediments that have contributed to this non-compliance. The Registrar (Compliance) is tasked with ensuring the transmission of the court's order to the relevant authorities for necessary compliance, with the case slated for further hearing on January 20, 2026.
Bottom Line:
Misuse of police powers under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 scrutinized by the Court - Accountability of administrative authorities and compliance with judicial directions emphasized.
Statutory provision(s): Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986
Rajendra Tyagi v. State of U.P., (Allahabad) : Law Finder Doc Id # 2837520
