Court Directs Fresh Consideration of Discharge Application, Emphasizes Need for Independent Application of Mind by Authorities
In a significant ruling, the Allahabad High Court, presided over by Justice Vivek Kumar Singh, quashed the order of the Additional District and Sessions Judge/Special Judge, Gangster Act, Court No. 13, Varanasi, which had rejected the discharge application of Brijesh Singh, an accused under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986. The Court has directed the trial court to reconsider the discharge application and pass a fresh order within two months, ensuring adherence to procedural safeguards and statutory provisions.
The case revolves around the alleged arbitrary rejection of Brijesh Singh's discharge application by the trial court, which the High Court found to be in violation of the procedural requirements under the Gangsters Act. The High Court observed that the gang-chart, a critical document in such cases, was prepared without the necessary independent application of mind by the competent authorities. The Court emphasized that authorities must not rely on pre-printed or rubber-stamped formats, as such practices undermine the integrity of the judicial process and the rights of the accused.
The judgment highlights the necessity for authorities to strictly adhere to the procedural rules outlined in the Uttar Pradesh Gangster Rules, 2021, particularly concerning the preparation, forwarding, and approval of gang-charts. The Court underscored the importance of ensuring that the rights to personal liberty, as enshrined under Article 21 of the Constitution, are not compromised by arbitrary or mechanical applications of stringent laws like the Gangsters Act.
This decision aligns with precedents set by higher courts, including the Supreme Court, which have consistently advocated for a meticulous application of mind by authorities when dealing with statutes that have severe implications on personal liberty. The ruling serves as a reminder to law enforcement and judicial authorities to exercise due diligence and uphold the principles of natural justice in their proceedings.
Bottom Line:
Under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, a person cannot be classified as a gangster without proper application of mind by authorities, adherence to procedural safeguards, and clear demonstration of anti-social activities as per the statutory provisions.
Statutory provision(s): Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 Sections 2(b), 2(c), 3, Uttar Pradesh Gangster Rules, 2021, Article 21 of the Constitution of India.
Brijesh Singh v. State of U.P., (Allahabad) : Law Finder Doc id # 2843578
