After slamming 'bulldozer justice,' SC to examine Gangster Act validity
The Supreme Court of India has asked the Uttar Pradesh government to respond to a plea challenging the constitutional validity of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act of 1986. A bench of Justices BR Gavai and KV Viswanathan issued notice to the state after senior counsel R Basant, appearing for the petitioner, argued that this act enables police to be complainant, prosecutor, and adjudicator.
Act enables police to attach entire property: Petitioner
Basant further argued that the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act allows police to attach the entire property of an accused. Several advocates, including Manish Kumar Gupta, Mohd Faris, Aman Kumar, Raunak Arora, Akash Rajeev, and Indra Lal, also appeared for the petitioner in this case. The SC is also hearing a similar 2022 PIL petition challenging certain sections and rules under this act concerning case registration, property attachment, and investigation procedures.
Re-registration of FIR under Act amounts to double jeopardy
The development came two weeks after the SC came down heavily on "bulldozer justice," saying demolishing the properties of an accused or convict without following due process is "unconstitutional." "If a property is demolished only because [a] person is accused, it is wholly unconstitutional. The executive cannot determine who is guilty and cannot become a judge to decide if he is guilty or not and such an act will be transgressions of limits," the apex court said.
SC verdict on 'bulldozer justice'
It said that the principle that "an accused is not guilty unless proven so in a court of law" is foundational to any legal system. The new guidelines require authorities to provide an occupant at least 15 days' notice before demolishing an illegal residence and explain why the building is being dismantled. According to a February report from Amnesty International, authorities in five of India's 28 states destroyed 128 structures in three months in 2022.
