Supreme Court: 'Uttar Pradesh's Goonda Act is very strict', why did the Supreme Court say so?
The Supreme Court has termed the Uttar Pradesh Gangster Act as very strict. A bench of Justices BR Gavai and KV Vishwanathan made this remark while hearing a petition challenging an order of the Allahabad High Court. The petitioner had requested the High Court to quash the proceedings pending against him in the district court in a case registered under the Uttar Pradesh Gangster Act.
The Supreme Court has termed the Uttar Pradesh Gangster Act as very strict. A bench of Justices BR Gavai and KV Vishwanathan made this remark while hearing a petition challenging an order of the Allahabad High Court. The petitioner had requested the High Court to quash the proceedings pending against him in the district court in a case registered under the Uttar Pradesh Gangster Act.
HIGHLIGHTS
1.Uttar Pradesh Gangster Act seems too harsh: Supreme Court
2.The apex court said, we will consider this Act
3.The accused of illegal mining in Ganga has challenged the order of Allahabad High Court
Pretre, (New Delhi). The Supreme Court on Wednesday said that the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act appears to be very harsh. A bench of Justices BR Gavai and KV Vishwanathan made this remark while hearing a petition filed by a person challenging the May 2023 order of the Allahabad High Court.
The man had requested the High Court to quash the proceedings pending against him in the district court of Kasganj in a case registered under the Uttar Pradesh Gangsters Act. But, the High Court rejected his plea. The apex court, while accepting the appeal, said that this Act appears to be harsh. We will consider it.
The Supreme Court had sought a reply from the UP government
While hearing the case in November last year, the Supreme Court had sought response of the Uttar Pradesh government and others on the petition and said that no punitive action would be taken against the petitioner under the Gangster Act through a temporary interim order.On Wednesday, the counsel for the petitioner said that a case has been registered against him under the provisions of the 1986 Act for illegal mining in the Ganga river. The counsel argued that earlier another FIR was lodged in connection with the alleged illegal mining.
Case filed twice for the same allegation
The lawyer argued that the petitioner has been booked twice for the same allegation. On this, the lawyer appearing on behalf of the state cited the provisions of the Act.
The bench said, this needs to be considered. Another petition challenging the constitutional validity of some provisions of the Act is also pending before it. The petitioner's lawyer had argued before the High Court that he has been falsely implicated in a case registered under the Gangster Act. This case has been registered under the Gangster Act on the basis of another case in which the petitioner is not named.
1.Uttar Pradesh Gangster Act seems too harsh: Supreme Court
The man had requested the High Court to quash the proceedings pending against him in the district court of Kasganj in a case registered under the Uttar Pradesh Gangsters Act. But, the High Court rejected his plea. The apex court, while accepting the appeal, said that this Act appears to be harsh. We will consider it.
The Supreme Court had sought a reply from the UP government
While hearing the case in November last year, the Supreme Court had sought response of the Uttar Pradesh government and others on the petition and said that no punitive action would be taken against the petitioner under the Gangster Act through a temporary interim order.On Wednesday, the counsel for the petitioner said that a case has been registered against him under the provisions of the 1986 Act for illegal mining in the Ganga river. The counsel argued that earlier another FIR was lodged in connection with the alleged illegal mining.
Case filed twice for the same allegation
The lawyer argued that the petitioner has been booked twice for the same allegation. On this, the lawyer appearing on behalf of the state cited the provisions of the Act.
The bench said, this needs to be considered. Another petition challenging the constitutional validity of some provisions of the Act is also pending before it. The petitioner's lawyer had argued before the High Court that he has been falsely implicated in a case registered under the Gangster Act. This case has been registered under the Gangster Act on the basis of another case in which the petitioner is not named.
1.Uttar Pradesh Gangster Act seems too harsh: Supreme Court
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