‘Gunda Act has become a weapon of oppression’: Allahabad High Court reprimands UP police and bureaucracy, orders fines to be deducted from officers’ salaries

Ground Report (Special Correspondent, Prayagraj):

The Allahabad High Court has taken a very strict stand on the increasing misuse of the ‘UP Control of Goondas Act, 1970’ in Uttar Pradesh. A bench of Justice Sandeep Jain, while hearing a petition, remarked that the state government and police officers were using the law as a “weapon to harass” citizens instead of curbing criminals. The court issued a clear warning that if the authorities did not stop passing arbitrary and illegal orders, they would face serious punitive action.

What was the whole matter?

The police had initiated proceedings under the Gangster Act against Ghaziabad resident Abhishek Tyagi on the basis of only two criminal cases. The Additional Commissioner of Police (Ghaziabad) had issued an order to him to stay at his permanent address for 6 months and to report to the police station every month.When Tyagi appealed to the Meerut Division Commissioner, it was also dismissed. He then approached the High Court for relief.

No one is a ‘goonda’ on the basis of 1-2 cases: High Court

While giving its verdict on the petition, the High Court completely cancelled the orders of Ghaziabad Police and Meerut Commissioner.The court said:

• Not a habitual offender: There was a gap of 3 years between the two cases in which action was taken. It is clear from this that the petitioner is not a habitual offender.

• Ignoring similar decisions: The court has clarified several times in the past that a person cannot be declared a ‘goonda’ on the basis of just 1 or 2 cases. Despite this, the officials are deliberately ignoring these decisions and passing illegal orders.

• Damage to reputation: Such arbitrary action causes irreparable damage to the social reputation of the individual and his family.

A fine of Rs 50,000 will be deducted from the officers’ pockets.

The High Court ordered the petitioner to be awarded a fine of ₹50,000 as compensation for the mental and social harm he suffered. The court allowed the state government to recover this fine from the salaries of the negligent officials involved. After this strict stance of the court, there has been an uproar in the UP police and administrative staff.