Allahabad High Court Takes Strong Stance on Gangster Act Implementation
The Allahabad High Court has expressed serious concern over the repeated failure of Uttar Pradesh's home department. The court specifically questioned why district magistrates are being excluded from joint meetings required for approving gang charts under the State Gangsters Act in districts with police commissionerate systems.
Court Issues Show-Cause Notice to Home Department
Justice Vinod Diwakar issued a show-cause notice to the additional chief secretary of the home department on January 9. The court demanded an explanation for this ongoing failure. Officials must provide reasons and disclose any legal impediments preventing district magistrates from participating in these crucial meetings.
The court fixed January 20 as the next hearing date for this matter. This gives the government limited time to respond to the court's concerns regarding proper implementation of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act of 1986.
Justice Diwakar's Strong Observations
In his order, Justice Diwakar made pointed observations about administrative competence. He stated that even well-intentioned ideas can fail when handled by poorly trained administrators. The justice noted that such administrators often lack institutional competence despite being ambitious and skilled at maneuvering constitutional authorities.
The court was hearing a petition filed under Section 482 of the Criminal Procedure Code. Rajendra Tyagi and two others raised concerns about potential misuse of police powers under the Uttar Pradesh Gangsters Act.
Key Issue: Exclusion of District Magistrates
The petitioners highlighted a significant discrepancy in how the Gangsters Act is implemented across different districts. In non-commissionerate districts, Rule 5(3)(a) of the UP Gangsters Rules, 2021 is properly followed. This rule requires a joint meeting between the district magistrate and superintendent of police to record satisfaction before approving any gang chart.
However, in commissionerate districts like Ghaziabad, this process appears to be bypassed. The police commissioner exercises this power alone, completely excluding the district magistrate from the approval process. This creates an uneven application of the law across Uttar Pradesh.
The court's intervention comes at a crucial time. Proper implementation of anti-gangster legislation requires balanced oversight between police and civil authorities. The exclusion of district magistrates from these approval meetings raises questions about checks and balances within the system.
All eyes now turn to January 20. The Uttar Pradesh government must provide satisfactory answers to the high court's questions. The outcome could significantly impact how the Gangsters Act is implemented across police commissionerate districts in the state.
