Allahabad High Court Seeks UP Government Response on 'Stillborn' Gangsters Act

The Lucknow Bench of the Allahabad High Court has initiated a legal examination regarding the future of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986. Following observations from the Supreme Court, the High Court has sought a formal response from the state government and temporarily stayed proceedings in six connected petitions.

Context of the Legal Challenge

Justice Rajeev Singh presided over the hearing, which focused on the legal applicability of the Gangsters Act. The petitioners highlighted recent Supreme Court observations suggesting the legislation may be considered a "stillborn law" because it reportedly fails to create an independent criminal offence, instead relying on definitions of a "gang" and "gangster" linked to a gang chart.

Key Arguments and Observations

• Supreme Court Precedents: Petitioners cited the judgment in *Shiv Pratap Singh alias Chinu vs. State of Uttar Pradesh*, arguing that the Act lacks a distinct offence that would warrant punishment on its own.
• Pending Litigation: The court was informed about the ongoing case of *Irfan Solanki vs. State of Uttar Pradesh* currently pending before the Supreme Court, which challenges the constitutional validity of the Act.
• Judicial Directives: The High Court has ordered the secretary of the state home department to submit a formal response within three weeks.
• Stay on Proceedings: Further proceedings under the Gangsters Act in the six specific petitions are stayed until the next hearing.

While the additional government advocate suggested that petitioners could seek discharge from trial courts, the state did not contest the existence of the Supreme Court rulings or the ongoing litigation regarding the law's constitutionality. The High Court further directed the state to update the court on the status of the *Irfan Solanki* matter when the next replies are filed.