Supreme Court warns Uttar Pradesh gang law can be misused, lacks criminal definition
The Supreme Court said the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act is vulnerable to abuse because it does not create a specific offence.
In New Delhi, a two-judge Supreme Court bench criticized the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act for lacking a clear criminal definition, making it prone to misuse. Justices J B Pardiwala and K Vinod Chandran pointed out that the law allows detention and sentencing based only on inclusion in a "Gang Chart," without establishing an offence. They compared the mechanism to giving a dog a bad name and hanging it, emphasizing the risk of arbitrary punishment.
The court also stressed the absence of any safeguard against malicious or vindictive actions targeting innocent or whistle-blowing persons. State counsel was unable to respond to the court's queries, both orally and in written submissions. The judges warned that the act functions like preventive detention, which conflicts with fundamental principles of liberty.
Why it matters
The ruling highlights potential abuse of a state law that could imprison people without a defined crime, raising concerns about civil liberties.
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