Allahabad HC show cause notice to UP secretary on plea concerning alleged misuse of police powers

Prayagraj, Jan 13 (PTI) The Allahabad High Court has issued show cause notice to the Uttar Pradesh Additional Chief Secretary (home) asking to explain the reasons and disclose any legal impediments on the failure of the home department to provide justification for excluding district magistrates from joint meetings for approval of gang chart.

The high court also pulled up the Uttar Pradesh government regarding the implementation of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986.

Expressing concern, Justice Vinod Diwakar in his order dated January 9 said, "Even the most well-intentioned and ostensibly noble ideas are liable to miscarry when placed in the hands of poor administrators namely, those who are inadequately trained and lacking in institutional competence, yet highly ambitious and adept at manoeuvring constitutional authorities." The court was dealing with a section 482 (inherent powers off high court) in criminal procedure code (CrPC) petition filed by a person named Rajendra Tyagi and two others who raised issues concerning the alleged misuse of police powers in invoking the provisions of the Uttar Pradesh Gangsters Act against the applicants.

The applicants argued that in non-Commissionerate districts, Rule 5(3)(a) of the UP Gangsters Rules, 2021 mandates a joint meeting between the district magistrate (DM) and the Superintendent of Police (SP) to record subjective satisfaction before approving a gang chart.

However, the applicants argued that in the Ghaziabad Commissionerate, this power was exercised solely by the Commissioner of Police and the DM was not being included in the process.

The court directed the case to be put up on January 20 for the next hearing. PTI COR RAJ ZMN