अलाहाबाद हाई कोर्ट ने गैंगस्टर्स एक्ट के तहत गैंग चार्ट की अनुचित स्वीकृति पर मामला रद्द किया

Allahabad High Court quashes Gangsters Act case over flawed gang chart approval

The Allahabad High Court quashed the Gangsters Act proceedings against Babbu Shah over an improperly approved gang chart. The ruling stressed that senior officials must independently assess material and act fairly before invoking the law.

The Allahabad High Court has pulled up the Bahraich Superintendent of Police and District Magistrate for approving a gang chart under the Gangsters Act without "due application of mind" and without "maintaining fairness". A Lucknow bench of Justice Manish Mathur said the officers had not properly examined the material before approving action against petitioner Babbu Shah.

The court quashed the gang chart, the charge sheet, the cognisance and summoning order, and the entire criminal proceedings arising from the case registered at Payagpur police station in Bahraich, Uttar Pradesh. It also directed the authorities concerned to follow the law laid down by constitutional courts and ensure fairness in state action.

The observations came while the court was hearing Shah's petition challenging the proceedings initiated against him under the Gangsters Act. The court found that neither the SP nor the DM had recorded that the petitioner's criminal history was examined, that reasons were considered, or that the two authorities had deliberated before approving the gang chart.

The gang chart is the document through which police propose invoking the Gangsters Act against an accused. It sets out the person's criminal history, alleged involvement in organised criminal activities and the grounds for starting proceedings under the law. The chart requires scrutiny and approval by senior authorities, including the SP and the DM, before any proceedings are initiated.

In this case, the SP approved the gang chart on November 11, 2021, while the DM approved it on November 15, 2021. The court said this sequence of approvals clearly showed that the required consultation between the two authorities had not taken place. It also said preparing a gang chart cannot be treated as a mere procedural formality, as serious criminal consequences may follow. The accused's criminal history must be properly examined and the authorities must independently apply their mind before approving the chart, it said.

The court further held that the approving authority must record its satisfaction after exercising independent discretion. It also observed that it was unfortunate that senior officers appeared unaware of repeated judgments of constitutional courts stressing the need to exercise discretion and maintain fairness while initiating action under the Gangsters Act. On these grounds, the court found the approvals legally unsustainable and set aside the gang chart dated November 15, 2021, the charge sheet dated February 19, 2022, the cognisance and summoning order dated December 7, 2022, along with the entire proceedings in the case.

Powered by Nyaya 247 News