{"id":293899,"date":"2022-12-06T15:28:50","date_gmt":"2022-12-06T09:58:50","guid":{"rendered":"https:\/\/www.indialegallive.com\/?p=293899"},"modified":"2022-12-06T19:39:18","modified_gmt":"2022-12-06T14:09:18","slug":"gangster-act-in-supreme-court","status":"publish","type":"post","link":"https:\/\/www.indialegallive.com\/constitutional-law-news\/supreme-court-news\/gangster-act-in-supreme-court\/","title":{"rendered":"PIL in Supreme Court challenges constitutional validity of Uttar Pradesh Gangster and Anti-Social Activities Act"},"content":{"rendered":"\n
The Supreme Court<\/a> has received a public interest litigation (PIL) challenging the constitutional validity of the\u00a0Uttar Pradesh Gangster and Anti-Social Activities (Prevention) Act, 1986\u00a0(UP Gangsters Act).<\/p>\n\n\n\n The PIL has been filed through Advocate-on-Record Ansar Ahmad Chaudhary who challenged the Section 3, 12 and 14 of the Act as well as Rules 16(3), 22, 35, 37(3) and 40 of the 2021 Rules.<\/p>\n\n\n\n These sections deal with registration of cases, attachment of properties, investigation and trial.<\/p>\n\n\n\n As per the Rule 22, a single act or omission would be sufficient to register a first information report (FIR) under the Act. Under this act the criminal history of the accused is not relevant. Thus has been described as being violative of fundamental rights given to us.<\/p>\n\n\n\n Incase an FIR is registered against a person who has committed a crime second time and against whom an FIR has already been registered, which amount to double jeopardy, in violation of Article 20(2) of the Constitution of India, the plea states.<\/p>\n\n\n\n The PIL states that the Gangsters Act and Rules do not provide any classification of accused persons. and is thus misused by the police in settling scores.<\/p>\n\n\n\n