Supreme Court declares UP Gangsters Act ‘stillborn’

The Supreme Court of India has declared the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, to be ‘stillborn’. A bench comprising Justices JB Pardiwala and K Vinod Chandran ruled that the law is invalid because it prescribes punishments for being labeled a ‘gangster’ without creating a distinct criminal offence under the statute.

The Court observed that the activities listed under the Act, such as kidnapping and drug trafficking, are already punishable under the Indian Penal Code and other existing penal laws. By merely defining a person’s status as a ‘gangster’ based on these existing crimes rather than establishing a new offence, the Act fails to meet legal requirements for a valid penal statute.

Furthermore, the justices noted that the law is prone to misuse and could lead to the long-term detention of individuals without trial. Quoting George Orwell, the Court remarked that the enactment, while purporting to prevent violence, could actually end up ‘perpetuating it on unsuspecting citizens’ by interfering with personal liberties.