Allahabad HC Directs State Authorities, Police To Undergo Training On UP Gangsters Act Procedure

07 Aug 2025 --
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The Allahabad High Court has recently issued directives emphasizing the need for comprehensive training for Uttar Pradesh (UP) authorities—specifically District Magistrates (DMs), Senior Superintendents of Police (SSPs), and other nodal officers—on the procedural requirements of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 (commonly referred to as the Gangsters Act). This initiative aims to address concerns regarding the misuse and arbitrary application of the Act.

🏛️ Case Background

In the case of Shabbir Husain and Another v. State of U.P., the petitioners challenged the invocation of the Gangsters Act against them. The Allahabad High Court quashed the FIR, citing significant procedural violations. Specifically, the Court noted that the gang chart—a critical document for the application of the Act—was approved by the District Magistrate of Lakhimpur Kheri without adhering to the mandatory guidelines. The approval was merely a mechanical endorsement, lacking the required substantive evaluation and documentation, which contravenes Rule 16 of the UP Gangsters Rules, 2021. The Court emphasized that such casual approvals undermine the legal safeguards built into the Act. Consequently, the Court directed the Chief Secretary of Uttar Pradesh to ensure that all District Magistrates are made aware of the guidelines and directions issued by the High Court and Supreme Court regarding the preparation of gang charts for the invocation of the Gangsters Act. If necessary, a fresh training program should be initiated for the competent authorities under the Act.

📜 Key Legal Precedents

The Allahabad High Court's directives are grounded in several legal precedents that underscore the importance of adhering to procedural norms under the Gangsters Act:

Sanni Mishra @ Sanjayan Kumar Mishra v. State of U.P. (2023): This case highlighted the necessity for a thorough and individualized assessment before invoking the Act.

Abdul Lateef @ Mustak Khan v. State of U.P. (2024): The Court emphasized that the preparation of gang charts must be done meticulously, ensuring that each case is evaluated on its own merits.

Lal Mohammad v. State of U.P. (2023): This decision reinforced the principle that the Gangsters Act should not be applied arbitrarily and that procedural requirements must be strictly followed.

Vinod Bihari Lal v. State of U.P. (2025): The Supreme Court's ruling in this case led to the issuance of detailed guidelines by the Uttar Pradesh government on December 2, 2024, to prevent arbitrary application of the Act.

🧭 Guidelines for Training

In light of these precedents, the Allahabad High Court has outlined specific guidelines for the training of UP authorities:

Mandatory Training: All District Magistrates, SSPs, and nodal officers must undergo training to understand the procedural requirements of the Gangsters Act.

Focus Areas: Training should cover the proper preparation of gang charts, the necessity of recording detailed satisfaction notes as per Rule 16, and the circumstances under which the Act can be invoked.

Implementation: The training programs should be organized by the Judicial Training and Research Institute (JTRI) in Lucknow or other appropriate venues as determined by the state government.

Oversight: The Chief Secretary of Uttar Pradesh is tasked with ensuring compliance with these directives and may initiate additional training programs if necessary.