Apprise DMs About SC, HC Guidelines On Invoking Gangsters Act; Conduct Fresh Training If Needed: Allahabad High Court To UP Govt

A bench of Justice Alok Mathur and Justice Arun Kumar Singh Deshwal said that all the District Magistrates in the state must be apprised of the directions issued by the High Court and Supreme Court in this regard, and if required, a fresh training programme should be initiated for competent authorities under the Act.

The division bench passed this order while allowing a plea seeking quashing of the FIR under Sections 2(b)(i) and 3 of the Gangsters Act as well as the gang chart against the petitioners (Shabbir Husain and Another).

Before the bench, it was the case of the petitioners that a perusal of the gang chart showed that the District Magistrate, Lakhimpur Kheri had not recorded her satisfaction while approving it, as was required under Rule 16 of the UP Gangsters and Anti-Social Activities (Prevention) Rules, 2021, as well as the judgments passed by the HC in Abdul Lateef @ Mustak Khan vs. State Of Up And 2 Others and connected matters 2024 LiveLaw (AB) 457 and by the Top Court in the case of Vinod Bihari Lal v. State of U.P. 2025 LiveLaw (SC) 615

Though the State opposed the plea, the AGA could not dispute the factual position regarding the improper approval of the gang chart.

In its 8-page order, the Court reiterated that the preparation and approval of the gang chart must strictly comply with the Gangsters Act and the Rules framed thereunder, specifically Rule 16, which deals with the procedure for forwarding and approving gang charts under the Gangsters Act.

The Court specifically referred to its judgment in the case of Sanni Mishra @ Sanjayan Kumar Mishra vs. State of U.P. and others, wherein detailed guidelines for the preparation of gang charts were laid down, specifically requiring both the forwarding and approving authorities to record their satisfaction.

For context, in this case, the HC had also disapproved of the 'mechanical' manner in which the District Magistrates and Superintendents of Police were recording satisfaction while invoking the Act in numerous cases.

Subsequently, the bench also referred to its ruling in the case of Abdul Lateef (supra), wherein the HC had sharply criticised the Uttar Pradesh Government officials for invoking the Gangsters Act in several cases without following due procedure.

In this case, the Government was directed to conduct training programmes for all competent authorities under the Act to apprise them of the proper procedure.

Read more about the HC's observations in Abdul Lateef case here: 'Harassment Of Innocents A Great Sin': Allahabad HC Cites Rigveda, Bible & Quran, Slams Govt Officials For Preparing Defective Gang Charts

Furthermore, the HC also noted that the UP Government had issued comprehensive guidelines in December last year, in compliance with the judicial directions regarding the preparation of gang charts.

However, the Court noted that despite repeated directions from the High Court and Supreme Court, and the detailed guidelines issued by the UP Government, gang charts continued to be prepared in a mechanical manner.

In the present case, for instance, the court observed, the DM had approved the gang chart with a cursory remark : "discussed with Superintendent of Police and Committee and proposal approved". Taking objection to the same, the bench observed thus:

"This is absolutely nonapplication of mind and also not in consonance with the U.P. Gangster Rules as well as clear violation of judgements of this Court in Sunni Mishra @ Sanjayan Kumar Mishra (supra) and Abdul Lateef @ Mustak Khan (supra) as well as the judgements of Supreme Court in the case of Vinod Bihari Lal (supra) and Lal Mohammad (supra)".

The Court strongly criticised the action of the DM in approving the gang chart in such a casual manner, as it said that even after the Government's training programme, it had no real impact on her.

Against this backdrop, concluding that the gang chart had been prepared and approved in an 'illegal' manner in the instant case, the Court quashed the FIR and the gang chart, insofar as the petitioner was concerned.

In related news, a single judge of the HC recently directed the Muzaffarnagar District Magistrate, Senior Superintendent of Police and the Station House Officer to personally appear before it to explain their 'misconduct and negligence' over 'misuse' of the Gangsters Act in a case. 

It may be noted that the Supreme Court too, has, in recent times, expressed serious concern over the arbitrary invocation of the Gangsters Act.

In fact, in 2024, the top court directed the Uttar Pradesh Government to consider the desirability of formulating specific parameters or guidelines governing the invocation of the provisions of the Act. Pursuant to this direction, the State Government issued certain instructions along with a detailed checklist on December 2, 2024.

These guidelines were subsequently adopted and given legal enforceability by the Supreme Court itself in a recent case involving SHUATS University Director Vinod Bihari Lal. The bench also directed the authorities to strictly follow the guidelines.

Key directions issued by the state government in relation to the Act could be read here.

Advocate Syed Raza Mehdi appeared for the petitioner