New Delhi | May 31, 2025

The Supreme Court of India has adopted the Uttar Pradesh government’s guidelines for invoking the Gangsters and Anti-Social Activities (Prevention) Act, 1986, directing all concerned authorities to strictly follow them moving forward.

 

A division bench comprising Justice Surya Kant and Justice K.V. Viswanathan delivered the judgment while disposing of a petition that challenged the arbitrary application of the law in several cases across the state.

 

“The misuse of preventive detention laws, especially in cases lacking criminal antecedents, cannot be permitted. The State’s own guidelines offer procedural safeguards that must be uniformly enforced,” the Court observed.

 

 

The plea before the Court involved allegations that the UP Gangsters Act was being invoked without adequate material or prior criminal conduct, often targeting individuals for civil disputes or political vendettas. During the hearing, the State Government submitted a set of Standard Operating Procedures (SOPs) it had previously issued to streamline and discipline the application of the Act.

 

These SOPs mandate:

• A thorough review of criminal antecedents.

• Approval by senior officers before invoking the Act.

• Timely review mechanisms post-detention.

 

The bench held that these internal directions are legally binding, as they relate to individual liberty protected under Article 21 of the Constitution.

Impact

 

Legal experts say this decision reinforces the principle of checks and balances in executive action involving criminal law. The ruling ensures that preventive laws, which allow for detention without trial, cannot be applied arbitrarily or punitively.

 

The Court also clarified that non-compliance with these SOPs may render future detentions liable for judicial interference.