Petitions on UP Gangsters Act referred to 3-judge SC bench

The Supreme Court has ordered clubbing of all pending petitions challenging the constitutional validity of certain provisions of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, for adjudication by a three-judge bench.

The law was enacted to combat organised crime, dacoity, and anti-social activities threatening public order and safety in Uttar Pradesh.  A bench comprising Chief Justice Surya Kant and justices Joymalya Bagchi and Vipul M Pancholi ordered the tagging of all related matters and also made the Centre a party to the proceedings.

During the proceedings, senior advocate Shoeb Alam, representing the petitioners, addressed concerns regarding the overlapping of cases across different benches.

He said that while a coordinate bench comprising justices JB Pardiwala and KV Viswanathan is currently examining Section 111 of the Bharatiya Nyaya Sanhita (BNS), which deals with organised crime, the present plea challenged the provisions of the UP Gangsters Act.

Responding to suggestions of “bench hunting,” the senior lawyer said, “There is no question of any bench hunting on our part. If anything, it requires an explanation from the other side as to how the present matter was listed here while connected cases were being heard elsewhere.”

Alam also said that a previous dismissal of a petition related to the Act in July 2025 did not constitute a legal precedent or “merger”, as it was a simple dismissal without a detailed adjudication on merits.

The CJI said that the Uttar Pradesh law is part of a broader legislative trend across India aimed at tackling structured criminal networks.

“There are similar legislative frameworks across states. Provisions dealing with organized crime have been enacted in states such as Maharashtra (MCOCOA), Gujarat (GUJCTOC), and Delhi,” he said.

These laws provide the state with mechanisms to investigate and enforce laws against organised criminal networks and the objective appears to be strengthening enforcement through coordinated assistance across agencies, it said.

“Let all pending petitions be tagged along with the present matter, except those which are part-heard.

Part-heard matters shall not be transferred. List all tagged matters before a bench of three judges,” the bench ordered.