Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(SC) 947

SUPREME COURT OF INDIA
SURYA KANT, NONGMEIKAPAM KOTISWAR SINGH, JJ.
Gorakh Nath Mishra – Appellant
VERSUS
The State of Uttar Pradesh & Ors. – Respondents
Criminal Appeal No. 2589 of 2025 (Arising Out of SLP(Crl.) No.7453 of 2025) [Diary No. 2673 of 2023]
Decided On : 14-05-2025

Advocates appeared:
For the Petitioner(s): Mr. Sadashiv, AOR Mr. Rajendra Prasad Swarnkar, Adv. Mr. Sachin Agarwal, Adv. Mr. Pranav Kumar Srivastva, Adv. Mr. Devendra Kumar Gupta, Adv. Mr. Nishant Sanjay Kumar Singh, Adv. Mr. Prashant Andrew Leo, Adv. Mr. Ashish Singh, Adv. Ms. Mumtaz Javed Shaikh, Adv. Mr. Mohd Arafat Ahmad, Adv. Mr. Mohd Shafat Ahamad, Adv.
For the Respondent(s): Mr. K. M. Nataraj, A.S.G. Mr. Abhishek Kumar, Adv. Ms. Tulika Mukherjee, AOR Mr. Sarath Nambiar, Adv. Mr. Beenu Sharma, Adv. Mr. Venkat Narayan, Adv.

The formulation of guidelines for the application of the Gangsters Act aims to prevent misuse and ensures a prima facie case is established before invoking the Act.

Headnote:(A) Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 - The court examined if a prima facie case under the Gangsters Act was made out against the appellant based on the alleged offenses. (Paras 3-4)

(B) Guidelines - The State Government formulated guidelines for invoking provisions of the Gangsters Act to prevent misuse, leading to reconsideration of the appellant's case, resulting in a finding that the Act was not applicable. (Paras 4-5)

Facts of the case:
The appellant was initially implicated under the Gangsters Act. Following a review of the case by the State, which included formulating guidelines, it was concluded that the Act was not applicable in this instance.

Findings of Court:
The High Court's judgment was set aside based on the competency of the authorities to reevaluate the situation per new guidelines.

Issues: The main issue was whether a prima facie case existed under the Gangsters Act against the appellant.

Ratio Decidendi: The court found that the developed guidelines necessitated strict adherence to avoid wrongful application of the Gangsters Act, leading to the dismissal of the case against the appellant.

Result: Appeal disposed of.

Table of Content
1. delaying condonation and granting leave. (Para 1)
2. appeal disposed with compliance to guidelines. (Para 2 , 7)
3. guidelines for invoking gangsters act established. (Para 3)
4. reconsideration of appellant's case under new guidelines. (Para 4 , 6)
5. setting aside of high court's judgment. (Para 5)

ORDER

1. Delay condoned.

2. Leave granted.

3. The issue that arises for consideration in this case is whether any prima facie case under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 (in short, the “Gangsters Act”) is made out against the appellant on the basis of the nature of offence attributed to him. After notice, on 07.03.2024 Shri K.M. Nataraj, learned Additional Solicitor General of India appeared on behalf of the State of Uttar Pradesh and sought time to obtain appropriate instructions in the matter. On 19.04.2024 he informed the Court that the State Government was contemplating to lay down some guidelines-cum-parameters which are to be followed before invoking provisions of the Gangsters Act. Time was consequently granted. It was informed on 12.12.2024 that the guidelines have been formulated and given some more time the same shall be placed on record. Thereafter, the State of Uttar Pradesh filed a compliance affidavit explaining that the guidelines have been outlined for invoking the provisions of the Gangsters Act and further orders have been issued directing strict compliance with those guidelines read with the 2021 Rules framed under the Gangsters Act regarding preparation of gang chart. The relevant guidelines have been placed on record also. The directions issued by the State have also cautioned the Authorities that in the event of any negligence shown, penal action will be warranted. It is also pointed out that a five-day special orientation programme covering key aspects of the Gangsters Act was conducted in the Judicial Training and Research Institute at Lucknow followed by an open house discussion so that the likelihood of misuse of the subject-provisions could be avoided. Thereafter, a checklist of 29 points and instructions has been issued for strict action against the officers who would be found indifferent or ignorant towards the relevant rules and Government orders.

4. In light of the evolved guidelines, the respondents have fairly reconsidered the case of the appellant and it has been found that as of now provisions of the Gangsters Act are not attracted qua him.

5. That being so, the impugned judgment of the High Court dated 23.10.2019 is set aside and the instant appeal stands disposed of in terms of the decision taken by the competent Authority following the guidelines.

6. It goes without saying that the Enforcement Agencies will be obligated to follow the Government guidelines strictly to prevent misuse of the provisions of the Gangsters Act and shall abide by all the points in the checklist prescribed by the Government.

7. The appeal stands disposed of in the above terms.

Click Here to Read the rest of this document