Taking serious note of the alleged misuse of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, the Allahabad High Court has summoned the District Magistrate of Muzaffarnagar, the Senior Superintendent of Police, and the Station House Officer to personally appear before it and explain their "misconduct and negligence."

Justice Arun Kumar Singh Deshwal issued the direction while granting bail to Manshad alias Sona, a resident of Muzaffarnagar district, who was booked under Section 2/3 of the Gangsters Act.

The Court noted that the Act had been invoked against the applicant based on old criminal cases which had already been relied upon during a previous occasion when the Gangsters Act was applied. It observed that the repeated invocation of the law appeared to be a deliberate attempt to keep the applicant behind bars.

“This shows not only arbitrariness on the part of the SHO but also sheer negligence on the part of the SSP and the District Magistrate, Muzaffarnagar, who are required to apply their minds at the time of conducting the joint meeting,” the Court remarked.

It further noted that the statutory duty under Rule 5 of the Uttar Pradesh Gangsters Rules, 2021—which mandates due consideration by senior officials before invoking the Act—had been ignored.

Highlighting the mechanical and arbitrary use of the law, the Court said such conduct violates both judicial directives and the recent guidelines issued by the State pursuant to the Supreme Court’s ruling in Gorakh Nath Mishra v. State of UP. The top court had directed the Uttar Pradesh government to consider framing specific parameters for invoking the Gangsters Act. Consequently, the State issued detailed instructions and a checklist on December 2, 2024, which were later given binding legal force by the Supreme Court in a case involving SHUATS University Director Vinod Bihari Lal.

In its June 20 order, the High Court also directed the authorities to adhere strictly to these guidelines going forward.

The matter will be taken up again on the next date of listing, when the summoned officials are expected to appear and explain the alleged lapses.