The Allahabad High Court has issued an interim stay on the externment orders passed against Ashu, also known as Ashu Garg, under the Uttar Pradesh Control of Goondas Act, 1970. The decision came during the hearing of Criminal Misc. Writ Petition No. 13952 of 2025, filed by Ashu challenging two key orders passed by administrative authorities.
The petitioner had sought to quash:
- The order dated 06.06.2025 issued by the Commissioner of Meerut Division in Case No. 2307 of 2024 (Computerized Case No. C202411000002307).
- The externment order dated 08.10.2024 passed by the Additional Police Commissioner, Ghaziabad, in Case No. 594 of 2024, registered at Kavinagar Police Station, Ghaziabad.
The petitioner’s counsel, Mohd. Samiuzzaman Khan and Zeeshan Khan, argued that:
“The orders passed are purely mechanical and lack any meaningful assessment of the facts or evidence involved.”
They stressed that Ashu does not meet the legal definition of a "Goonda" under Section 2(b) of the U.P. Goonda Control Act, 1970. As such, invoking the provisions of this Act against him was not only unjustified but illegal.
The petition highlighted the lack of judicial application of mind, noting that:
“There is no indication that the authorities considered the specifics of the case or analyzed whether the petitioner’s conduct qualified under the Act.”
Hon’ble Justice Sandeep Jain took a preliminary view that the orders appeared to have been issued without proper legal reasoning or fact-checking.
"From the contents of the impugned orders, it is evident that the approach taken by the authorities was mechanical. The definition of 'Goonda' under the Act has not been properly assessed in the context of the petitioner’s alleged actions."
The court further acknowledged the absence of a thorough examination of facts by the concerned officers.
Interim Relief Granted:
Taking note of these shortcomings, the High Court granted temporary relief to the petitioner:
“The effect and operation of the order dated 06.06.2025 passed by the Commissioner, Meerut Division, and the externment order dated 08.10.2024 passed by the Additional Police Commissioner, Ghaziabad, shall remain stayed until further orders.”
Next Steps Ordered by the Court:
- The court has granted two weeks to the state counsel (AGA) to file a counter affidavit.
- The petitioner will then have two more weeks to file a rejoinder.
- The matter will be listed thereafter for further hearing.
Case Title: Ashu @ Ashu Garg vs. State of U.P. and 3 Others
Case Number: Criminal Misc. Writ Petition No. 13952 of 2025