The Supreme Court says that the Uttar Pradesh Gangster and Anti-Social Activities (Prevention) Act appears harsh. On Wednesday, a bench of Justice BR Gavai and Justice KV Vishwanathan made this observation while hearing the petition of a person, in which the May 2023 order of the Allahabad High Court has been challenged. Accepting the appeal, the bench said that this Act appears harsh and we will consider it.
While hearing the case in November last year, the Supreme Court had sought response on the petition from the Yogi government of Uttar Pradesh and others. During this, the court had said that no punitive action would be taken against the petitioner under the Gangster Act through a temporary interim order.
Petitioner’s lawyer argued in court
On Wednesday, December 4, the petitioner’s lawyer told the court that a case has been registered against him under the provisions of the 1986 Act on charges of illegal mining in the Ganga river. The lawyer said that earlier another FIR related to alleged illegal mining was registered. Keel said that they said that I have been booked twice for the same charge. On this, the lawyer appearing in the court on behalf of the state government cited the provisions of the 1986 Act.
‘This needs to be considered’
During the hearing, the bench said that this needs to be considered. It also said that another petition challenging the constitutional validity of some provisions of the Act is also pending before it.
The lawyer appearing for the petitioner before the High Court argued that he has been falsely implicated in the case registered under the Gangster Act. The lawyer had claimed in the High Court that this case has been registered under the Gangster Act only on the basis of another case in which the petitioner is not named. On November 29, the apex court agreed to hear a separate petition challenging the validity of certain provisions of the Act and issued a notice to the Uttar Pradesh government seeking its response on the petition.