SC commences hearing on pleas challenging validity of UP Gangsters Act

The Supreme Court on Thursday commenced its hearing on a batch of petitions challenging the constitutional validity of certain provisions of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986.

A bench of justices JB Pardiwala and KV Viswanathan was told by the petitioners that the 1986 law was arbitrary and repugnant to the central legislation.

Senior advocate Amit Anand Tiwari, appearing for one of the petitioners, submitted that section 111 of Bharatiya Nyaya Sanhita, 2023, already dealt with gangsters and organised crime, which is also being dealt with in the UP Gangsters Act. He added that the State Government has amended the rules pertaining to the 1986 Act and its provision of attachment of property of hardened criminals was also dealt by the BNS.

“The UP gangsters Act is repugnant to the Central legislation as the field was already occupied and the State law cannot frame rules on that aspect,” Tiwari submitted. The bench said state law was not in conflict with the central legislation and that they are both the same thing.

Tiwari submitted that the test of repugnancy does not require the legislation to be necessarily in conflict but if the field has already been occupied by a central legislation, the state cannot venture into it. Additional Solicitor General KM Nataraj and advocate Ruchira Goel, appearing for the Uttar Pradesh Government, submitted that the contention of repugnancy was raised for the first time in the hearing and they would like to file a reply in relation to the argument.

Goel submitted that after petitioners were denied relief by various courts, they have challenged the constitutional validity of the law. She sought some time to study the repugnancy aspect in respect to the 1986 law and file a reply. Senior advocate Siddharth Dave, also appearing for one of the petitioners, supported the contention of Tiwari and said the law was not only repugnant but was arbitrary.

The Supreme Court listed the matter for hearing in March and asked the parties to file their submissions. On November 29, 2024, the Supreme Court agreed to hear a plea challenging the constitutional validity of certain provisions of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986.