HC order on case under Gangster Act

The Allahabad High Court has said that police authorities have no jurisdiction in law to invoke Gangster Act on the ground that the accused had committed an offence under Cow Slaughter Act as after April this year an ordinance relating to amendment of Gangster Act passed by the state government was not in force.
Observing this, the court quashed the criminal proceedings of a case under UP Gangster and Anti Social Activities (Prevention) Act, 1986, related to police station Jamo, district Amethi.
A division bench of Justice Ajai Lamba and Justice Akhtar Hussain Khan passed the order on December 15 on a writ petition filed by one Juned Ahmad.

The petitioner sought direction for quashing an FIR lodged against him in a case under Gangster Act.
He submitted that the criminal proceedings had been initiated against him under Gangster Act for the reason that he allegdly committed an offence under UP Cow Slaughter Act, 1955.
He further submitted that UP Gangster and Anti Social Activities (Prevention) (Amendment ) Ordinance, 2015 had lapsed, and hence, invoking the provisions of Gangster Act against the petitioner was without jurisdiction and his prosecution under Gangster Act was arbitrary.

Government Advocate Rishad Murtaza filed an affidavit on behalf of Principal Secretary (Home) Debashish Panda stating that a decision had been taken by the state government on December 12 not to register any FIR under the said ordinance.

The GA had also referred to the order dated December 1 which stated that the ordinance of 2015 was promulgated on January 20, and thereafter, it was ratified by the Governor of UP.
The President had not yet given assent to the ordinance.
The ordinance aimed at including ten more offences under Gangster Act.
In this backdrop of facts, the court had been informed that the ordinance of 2015 was not in force after April 1.
"If a reference is made to the facts and the circumstances of this case, it would be evident that impugned criminal proceedings were initiated on June 11 that is after April under Gangster Act on the ground that the petitioner was accused of commission of offence. The action of the police authorities in registering the case under Gangster Act clearly is without jurisdiction," the court said while allowing the petition.