Lucknow, Oct 30 The Lucknow bench of the Allahabad High Court has sought a response from the state government after a recent Supreme Court ruling described the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, as a “stillborn law”, observing that a person cannot be punished under a legislation that does not create an independent offence.
Issuing a notice to the state government, the high court on Thursday also stayed further proceedings under the said legislation in six petitions till the next date of hearing.
Justice Rajeev Singh passed the order while hearing six petitions challenging proceedings under the Gangsters Act, relying on the Supreme Court’s judgment in Shiv Pratap Singh alias Chinu vs State of Uttar Pradesh.
The petitioners pleaded that the Supreme Court had held that the law does not define any separate offence but provides definitions of a “gang” and a “gangster”, along with punishment based on a gang chart.
They argued that no person could be punished under the act in the absence of an independently defined offence.
The Supreme Court had quashed proceedings initiated under the act in the cases before it.
The petitioners also referred to the Supreme Court’s decision in Jyoti Suri vs State of Uttar Pradesh, claiming that proceedings had been quashed in its wake.
They further informed the court that a petition challenging the constitutional validity of the Gangsters Act, titled Irfan Solanki vs State of Uttar Pradesh, was pending before the Supreme Court.
On behalf of the state government, the additional government advocate advised the petitioners to approach the trial court with discharge applications. However, he did not dispute either the Supreme Court’s judgment or the pendency of the Irfan Solanki matter.
Considering the matter worthy of examination, the high court directed the secretary of the state home department to file a counter-affidavit within three weeks. The petitioners have been granted two weeks thereafter to file their rejoinder.
The additional government advocate has also been directed to apprise the court of the current status of the Irfan Solanki case pending before the Supreme Court.
The high court directed that the matter be listed immediately thereafter and stayed the proceedings concerned under the Gangsters Act until the next hearing.
(PTI News)
