Goondas Act used as tool of oppression by UP bureaucrats, State: Allahabad HC
The Allahabad High Court has said that UP Goondas Act is being used as a tool of oppression by Uttar Pradesh bureaucrats and the state, despite the court's consistent rulings on the issue and warned the bureaucracy of punitive damages if it does not stop issuing illegal and arbitrary orders.
The court awarded Rs 50,000 as damages to petitioner Abhishek Tyagi, against whom proceedings under the Goonda Act were initiated.
It said the state government was at liberty to recover the damages from the salaries of the bureaucrats concerned. Justice Sandeep Jain held that the bureaucracy must stop issuing illegal and arbitrary orders, or else it will have to face punitive damages. The court, in its order dated September 10, allowed the petition of Tyagi, who had challenged proceedings initiated against him under the Uttar Pradesh Control of Goondas Act, 1970.
The court quashed the orders passed by the Additional Commissioner of Police, Ghaziabad and the Commissioner, Meerut Division.
Proceedings against Tyagi under the Goonda Act were initiated on the basis of two criminal cases. The ACP, Ghaziabad, by an order dated September 18, 2025, directed Tyagi to reside at his permanent address and mark his attendance at the police station concerned on every second and fourth Saturday for six months.
His appeal against the order was subsequently dismissed by the Commissioner, Meerut Division, on December 10, 2025. The court said that despite its consistent stand that a person cannot be branded a 'goonda' merely on the basis of one or two cases, the bureaucracy had “deliberately not noticed this” and was continuing to pass contrary orders.
“Moreover, there is a gap of 3 years in the occurrence of the two criminal cases which shows that he is not a habitual offender,” the court added. It then observed, “It is apparent that the Act of 1970 is being used as a tool of oppression by the bureaucracy and the State, which is contrary to the objects of the Act of 1970.”
The court further said time has now come for a strong message to be sent to the bureaucracy to stop such conduct or face punitive damages.
