Allahabad HC pulls up Bahraich SP, DM over gang chart approval

The Allahabad High Court has pulled up the Bahraich Superintendent of Police and District Magistrate for approving a gang chart under the Gangsters Act without “due application of mind” or “maintaining fairness”.

A Lucknow bench of Justice Manish Mathur also observed that it was unfortunate that senior officers appeared unaware of repeated judgements of constitutional courts emphasising the need to exercise discretion and maintain fairness while initiating action under the Gangsters Act.

The court made the observations while hearing a petition filed by Babbu Shah challenging proceedings initiated against him under the Gangsters Act at Payagpur police station in Bahraich.

The court found that neither the SP nor the DM had recorded that the petitioner’s criminal history was examined, reasons were considered or that the two authorities had deliberated before approving the gang chart. The gang chart is the document through which police propose invoking the Gangsters Act against an accused, setting out the person’s criminal history, alleged involvement in organised criminal activities and the grounds for initiating proceedings under the law. The chart requires scrutiny and approval by senior authorities, including the SP and DM, before proceedings are initiated.

The SP approved the gang chart on November 11, 2021, while the DM approved it on November 15, 2021. The court observed that the sequence of approvals clearly indicated that the required consultation between the two authorities had not taken place. It said preparation of a gang chart cannot be treated as a mere procedural formality, as serious criminal consequences may follow. The accused’s criminal history must therefore be properly examined and the authorities must independently apply their mind before approving the chart, it said. The court further held that the approving authority must record its satisfaction after exercising independent discretion.

Finding the approvals legally unsustainable, the court quashed the gang chart dated November 15, 2021, the charge sheet dated February 19, 2022, the cognisance and summoning order dated December 7, 2022, and the entire criminal proceedings arising from the case registered in Bahraich.

The court also directed the authorities concerned to follow the law laid down by constitutional courts and ensure fairness in state action.