Selective Investigation And Prosecution Under Gangster Act Corrodes Public Trust In Governance: Allahabad High Court

The Allahabad High Court has held that 'selective investigation' and 'selective prosecution' under the Gangsters Act are antithetical to the rule of law and inevitably corrode public trust in governance.

The Court was considering an Application seeking quashing of an FIR registered under the U.P. Gangsters and Anti-Social Activities (Prevention) Rules 2021.

The Bench of Justice Vinod Diwakar held,"At its core, the concept of a democratic State rests on the premise that every citizen is not only equal before law but equally entitled to its protection and equally significant in the eyes of a welfare State. Administrators must bear in mind that the choices they make ultimately shape the administration of justice- and history not only records those choices, it also repeats them. This Court reminds the Home Department that 'selective investigation' and 'selective prosecution' are antithetical to the rule of law and inevitably corrode public trust in governance."

The Applicant was represented by Advocate Ronak Chaturvedi, while the Respondent was represented by Government Advocate.

The Court noted that the justification provided by the Home Department is largely theoretical rather than one derived from empirical data.

It found that in districts where Commissionerate system had been installed, the gang charts were not being approved by a meeting where the District Magistrate was a part. However, wherever the Commissionerate was not present, then a joint meeting held between the District Magistrate and the Senior Superintendent of Police (S.S.P.) for approving gang charts.

The Court thus sought an explanation from the State on the omission of the District Magistrate despite there being a mandate of Rule 5(3)(a) of the U.P. Gangsters Rules, 2021.

"The Director General of Police (Prosecution) shall furnish comprehensive district-wise data in respect of cases under the U.P. Gangsters and Anti-Social Activities (Prevention) Act for the last ten years by way of a separate affidavit, including: (i) number of cases registered; (ii) number of charge-sheets filed; (iii) number of convictions secured; and (iv) number of acquittals of charge-sheeted accused(s), with a comparative analysis vis-à-vis the non-Commissionerate district(s). The report shall also disclose the systemic reforms and policy decision(s), if any, taken by the Home Department to improve police working, so far as the approval of the gang-chart is concerned", the Court ordered.

Cause Title: Rajendra Tyagi And 2 Others v. State of U.P. and Another

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