Supreme Court Slams Gangsters Act Misuse without Concrete Crime Evidence

In a significant ruling, the Supreme Court quashed an FIR filed under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, against former Nagar Panchayat Chairman Lal Mohd. and his son. Supreme Court Slams Gangsters Act misuse without concrete crime evidence in this case. A Bench of Justices Vikram Nath and Sandeep Mehta allowed the appeal in Lal Mohd. & Anr. vs State of U.P. & Ors., overturning a May 2023 Allahabad High Court judgment that had upheld the FIR.

The case stemmed from communal unrest in Gonda district on October 10, 2022, following a controversial social media post. Two FIRs were lodged soon after, citing different sections of the IPC. Though the appellants were arrested, they were granted bail. Almost six months later, on April 30, 2023, a third FIR invoking the UP Gangsters Act was filed, alleging gang involvement from the same event. The appellants argued that the third FIR was delayed, lacked new allegations, and was politically motivated, especially since it followed the nomination of a family member in local elections. They contended there was no evidence of ongoing or organised criminal behavior.

The State defended the FIR, stating the appellants had led a violent mob and that even a single incident can justify action under the Gangsters Act. It also noted that the District Magistrate had approved the FIR and a gang chart was prepared as per procedure.

The Supreme Court, however, found no credible material suggesting that the appellants were part of a criminal gang or involved in repeated unlawful acts. It emphasized that the FIR was based solely on an isolated event and failed to establish any structured or sustained gang activity. The Court noted the absence of coordination, repeated offences, or intent to derive unlawful benefits—key elements under the Act.

The Court concluded that invoking the Gangsters Act in such circumstances was an abuse of legal process and quashed the FIR and all related proceedings. The earlier two FIRs, however, will proceed independently on their own merits.

Case title- [Lal Mohd. & Anr. vs State of U.P. & Ors.]