Supreme Court: UP Gangsters Act doesn't create offence, perpetuates violence

The case concerns two appeals challenging the validity of criminal proceedings initiated under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, specifically questioning whether the Act creates a distinct offence or merely perpetuates violence against citizens.

Who it concerns: Appellants: Shiv Pratap Singh Alias Chinu and Himanshu Srivastava; Respondents: State of U.P. & Ors.; Bench: Not stated in the provided text.

What the court decided

• The Court heard the matters together and issued a common judgment to dispose of them jointly.
• The Court clarified it is not concerned with disputes regarding the Bar Council of Uttar Pradesh or internal Bar Association disputes.
• The Court stated its concern is limited to the validity of proceedings under Sections 2 and 3 of the U.P. Act, specifically the absence of a defined 'offence' in the enactment.

Also in the document

• The judgment is marked as 'Reportable'.
• The Court noted that the High Court had previously stayed certain directions by the Bar Council of Uttar Pradesh and the Bar Council of India had declared those orders a nullity.
• The Court observed that while the State alleged serious crimes (such as shooting and explosions), there was no indication of a complaint being raised by the District Judge or Presiding Officers of the courts where these acts were allegedly committed.