The validity of the Gangster Act of Uttar Pradesh has been challenged in the Supreme Court

The validity of the Gangster Act of UP was challenged in the Supreme Court. A Public Interest Litigation has been filed in the Supreme Court. The petition claimed that the Gangster Act is being misused by the police, through which they arbitrarily enforce these provisions against whomever they want. In the petition filed in the Supreme Court, the legality of registering an FIR under the Gangster Act has also been challenged if there is a case.

It has been said in the petition that re-filing of FIR under the Act against the person who has committed the offense and against whom FIR has already been registered, is a violation of Article 20 (2) of the Constitution of India. This act is against the rule of law. In the petition, the provision of giving police remand of the accused for 60 days has also been challenged. In the petition, the provisions regarding registration of case, attachment of properties, investigation and trial have been challenged under the Gangster Act.

It has been said in the petition that there is a rule in the Act that the criminal history of the accused is not relevant and only one case is enough for the FIR which violates the fundamental rights. The Gangster Act and Rules do not differentiate between accused persons, therefore, it is being misused by the police. District Magistrates have been made gangsters prosecutors and adjudicators for attachment of the property of the accused in clear violation of the principles of natural justice.The right of the police to acquire the property of the accused has also been challenged in the petition. Said in the petition that the act of UP Gangster Act completely fails on the test of right to equality.