Supreme Court Labels Uttar Pradesh Act as 'Draconian'

The Supreme Court has described the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act as 'draconian'. The observation came during a case where a petitioner challenged the use of the Act against him. The accused argued he was charged twice for the same offense: illegal mining.

The Supreme Court on Wednesday described the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act as a 'draconian' measure. This observation emerged from a bench of Justices B R Gavai and K V Viswanathan while they reviewed a petition submitted by a man contesting the Allahabad High Court's May 2023 decision.

The petitioner sought to nullify ongoing proceedings at a district court in Kasganj related to this controversial Act. He claims he is facing double jeopardy—charged twice for alleged illegal mining activities in the Ganga river. His counsel argued the recurring charges associated with the 1986 Act were unjust.

A separate plea challenging the constitutional validity of certain provisions of the Act remains pending before the Supreme Court, further complicating matters. The court has requested responses from the Uttar Pradesh government and extended an interim order prohibiting coercive action against the petitioner under the Gangsters Act as deliberations continue.

(With inputs from agencies.)