The Supreme Court on Wednesday observed that the
Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act appeared to
be "draconian".
The observation by a bench of Justices B R Gavai and
K V Viswanathan came while it was hearing a plea filed by a man who has
challenged a May 2023 Allahabad High Court order dismissing his application
seeking to set aside proceedings against him pending before a district court in
Kasganj in a case registered under the Act.
"This Act appears to be draconian," the
apex court observed.
"We will consider it," the bench said
while admitting the appeal.
While hearing the matter in November last year, the
SC had sought responses from the Uttar Pradesh government and others on the
plea and said, "By way of ad-interim order, no coercive steps be taken
against the petitioner qua Gangster Act." On Wednesday the
petitioner's counsel said he has been booked in the case under the provisions
of the 1986 Act on allegations of illegal mining in the Ganga river.
The counsel argued that earlier, another FIR related
to alleged illegal mining was registered.
"They have booked me twice for the same
allegation," the lawyer argued.
The counsel appearing for the state referred to the
provisions of the 1986 Act.
"It requires consideration," the bench
said, adding that a separate plea challenging the constitutional validity of
certain provisions of the Act was also pending adjudication before it.
Before the high court, the counsel appearing for the
petitioner argued that he was falsely implicated in the case lodged under the
Gangsters Act.
His counsel had claimed before the high court that
the case has been lodged under the Gangsters Act only on the basis of another
case in which the petitioner has not been named.
On November 29, the top court agreed to hear a
separate plea challenging the validity of certain provisions of the Act and
issued notice to the Uttar Pradesh government seeking its response on the petition.