New Delhi, 21 August (HS):The Supreme Court has termed Uttar Pradesh’s Gangsters Act fundamentally flawed from the outset, observing that it provides for punishment without creating or defining any new offence. A bench headed by Justice J.B. Pardiwala said the law merely defines the terms “gang” and “gangster”, while the activities covered under its provisions are already punishable under the Indian Penal Code and other criminal laws.

The court observed that prescribing punishment without creating a distinct offence constitutes a serious defect in the legislation. In its judgment, the court also referred to renowned author George Orwell. The court noted that although the law was enacted in the name of preventing violence, in several instances it appears to have facilitated violence and repression against innocent and unsuspecting citizens.

The observations were made while quashing proceedings initiated against two lawyers, Shiv Pratap Singh and Himanshu Srivastava. The case was linked to a Bar Association election dispute involving the two advocates. Following the electoral dispute and related disciplinary and criminal proceedings, they were allegedly described as members of a gang and booked under the Gangsters Act.

The Supreme Court, while setting aside the proceedings against the two lawyers, questioned the legal basis for invoking the Gangsters Act in circumstances where the alleged activities were already covered by existing criminal laws.

---------------

Hindusthan Samachar / Jun Sarkar