Negligence in Gang Chart Approval

• 01 Oct 2024

Why in News?

Recently, the Uttar Pradesh government informed the Allahabad High Court about transferring the District Magistrate of Amroha for negligence in approving gang charts without proper justification violating the Uttar Pradesh Gangster and Anti-Social Activities (Prevention) Rules, 2021.

Key Points

• Case Background:
  • The matter arose from a writ petition filed to quash an FIR lodged against him under Section 3(1) of the UP Gangsters and Anti-Social Activities (Prevention) Act, 1986.
  • The petitioner contended that neither the Superintendent of Police (SP) nor the DM of Amroha recorded satisfaction while approving the gang chart.
  • A Gang chart is a document that contains details about an accused's criminal history and other relevant information in cases related to the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986.
• High Court’s Observations:
  • A bench comprising Justice Vivek Kumar Birla and Justice Arun Kumar Singh Deshwal noted that the SP-Amroha and DM-Amroha did not record satisfaction while preparing the gang chart, as required by Rule 16(2) of the 2021 Rules.
  • The Allahabad High Court noted that the DM’s actions were contrary to both the 2021 Rules and the guidelines set by the HC in the Sanni Mishra vs State of UP case.
  • The court labeled this as “sheer negligence,” noting similar cases from Amroha where officials did not properly prepare gang charts according to the rules.
• Court’s Final Decision:
  • The court refrained from issuing direct action against the officers and left the decision to the state government.

The Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986

• Purpose: To prevent gang-related and anti-social activities.
• Scope: Targets individuals involved in organized crime, violent offenses, or habitual criminals.
• Provisions:
  • Defines “gang” and “gangster” in legal terms.
  • Allows authorities to take preventive action, including detaining suspects.
  • Allows the attachment of properties obtained through criminal activities.
  • The act empowers district magistrates and police to approve gang charts (a formal record of an individual’s gang-related activities).

UP Gangster and Anti-Social Activities (Prevention) Rules, 2021

• Purpose: Provides detailed guidelines for implementing the UP Gangsters Act.
• Key Provisions:
  • Recording Satisfaction: The competent authority, usually the District Magistrate, must record satisfaction while forwarding and approving gang charts.
  • Joint Meetings: Mandates joint meetings between the Superintendent of Police and the District Magistrate before approving a gang chart.
  • Due Process: Specifies procedural guidelines to ensure the preparation of gang charts is thorough and based on concrete evidence.