After Big Bulldozer Verdict, Supreme Court To Examine UP Gangster Act

This comes just 16 days after the same bench issued nationwide guidelines prohibiting illegal demolitions of properties linked to accused persons.

The Supreme Court has agreed to examine the constitutional validity of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986. This comes just 16 days after the same bench issued nationwide guidelines prohibiting illegal demolitions of properties linked to accused persons.

A bench comprising Justices BR Gavai and KV Viswanathan issued notice to the Uttar Pradesh government in response to a petition filed through advocate Ansar Ahmed Chaudhary. The petition challenges Sections 3, 12, and 14 of the Act under the 2021 regulations that govern the registration of cases, property attachment, investigation, and trial.

The petition argues that the Act violates fundamental rights by allowing the government to act as complainant, prosecutor, and adjudicator. Among the contested provisions, Rule 22 permits filing an FIR based on a single act or omission, making the accused's criminal history irrelevant. The petition claims this undermines due process and breaches protections under Article 20(2) of the Constitution.