Allahabad HC flags Gangsters Act misuse, summons Muzaffarnagar DM, SSP in detention case

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The Allahabad High Court on Monday sharply criticised Muzaffarnagar authorities for repeatedly invoking the stringent Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act against a man,on charges that date back to 2023, allegedly to keep him in jail.The man identified as Manshad alias Sona has been detained since May under this law after four separate FIRs were consolidated against him at Khalapar police station.The court has directed the District Magistrate of Muzaffarnagar, the Senior Superintendent of Police (SSP), and the Station House Officer (SHO) of Khalapar police station to appear in person on the next date of hearing to explain their alleged misconduct and negligence. The next hearing has been scheduled for July 7.Additionally, the court instructed the Registrar (Compliance) to send a copy of the order to the SHO of Khalapar police station, the District Magistrate, and the SSP of Muzaffarnagar for necessary compliance. Copies are also to be sent to the Director General of Police, Uttar Pradesh, and the Secretary, Home Department, Uttar Pradesh, for their information.The court further granted interim bail to Manshad alias Sona until the next date of hearing, on furnishing a personal bond and two sureties of the same amount, to the satisfaction of the court concerned.While hearing his bail application, the court noted that three 2023 FIRs and one from 2025 had each been re-registered under the Gangsters Act, and an earlier invocation in 2024 compounded the ordeal. When the Additional Government Advocate could not justify this pattern, the court observed that the “The above fact shows not only arbitrariness on the part of the S.H.O. of Police Station— Khalapar, District Muzaffarnagar, but also sheer negligence on the part of S.S.P., Muzaffarnagar as well as District Magistrate, Muzaffarnagar who are required to apply their minds at the time of conducting joint meeting under Rule 5(3)(a) of U.P. Gangsters and Anti Social Activities (Prevention) Rules, 2021.”The court in its order stated, “However, considering the fact that there was sheer misuse of the Gangsters Act by the SHO, P.S. Khalapar, District Muzaffarnagar and also the negligence on the part of S.S.P., Muzaffarnagar as well as District Magistrate, Muzaffarnagar in approving the same which is punishable under Section 3(2) of the Gangsters Act and is the violation of directions of this Court issued in the case of Abdul Lateef @ Mustak Khan vs. State of U.P. and others; Criminal Misc. Writ Petition No. 9930 of 2024; Sanni Mishra @ Sanjayan Kumar Mishra vs. State of U.P. and others; 2024 (1) ADJ 231 (DB) as well as the judgment of the Apex Court in the case of Vinod Bihari Lal vs State of Uttar Pradesh and another; Criminal Appeal Nos. 777-778 of 2025, Lal Mohd. and another vs. State of U.P. (supra) and also in violation of recent guidelines, issued by the State Government in compliance of the order of the Apex Court passed in the case of Gorakh Nath Mishra vs. State of U.P.; Criminal Appeal No. 2589 of 2025, this Court directs the S.H.O., P.S. Khalapar, District Muzaffarnagar; SSP, Muzaffarnagar; and the District Magistrate, Muzaffarnagar to appear personally before this Court on the next date of listing and explain their misconduct and negligence.” Stay updated with the latest - Click here to follow us on Instagram© The Indian Express Pvt LtdTags:allahabad high court