The Allahabad High Court has strongly criticized the arbitrary and repeated use of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, against an individual already facing multiple cases, describing it as a “sheer misuse of law.”
Justice Arun Kumar Singh Deshwal, while hearing the bail application of the accused Manshad @ Sona, questioned the conduct of the police and administrative officials in Muzaffarnagar for re-invoking the Gangsters Act using previously known cases.
“This shows not only arbitrariness on the part of the SHO, but also sheer negligence on the part of the SSP and District Magistrate, Muzaffarnagar, who are required to apply their minds at the time of conducting the joint meeting,” the Court observed.
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The accused had already been booked under the Gangsters Act in earlier cases in 2025, yet the same Act was again invoked on the basis of cases from 2023, 2024, and early 2025. The Court noted that these old cases were available earlier too and questioned the intent behind the repetitive imposition of the law.
The Additional Government Advocate (AGA) representing the State was unable to offer a satisfactory explanation as to why the Gangsters Act was being repeatedly used based on the same old cases.
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After carefully examining the facts and observing the violation of legal norms, the Court granted interim bail to the accused and directed him to comply with specific conditions, including cooperation in the trial and non-indulgence in any further criminal activity.
Quoting multiple legal precedents, including the Supreme Court’s decisions in the cases of Vinod Bihari Lal and Lal Mohd., the Court emphasized that the repetitive and mechanical use of the Gangsters Act not only violates legal provisions but also disrespects recent State Government guidelines formulated following the Supreme Court’s direction in the Gorakh Nath Mishra case.
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The High Court has now ordered the personal appearance of the Station House Officer (SHO), Senior Superintendent of Police (SSP), and the District Magistrate (DM) of Muzaffarnagar before it on the next hearing date, July 7, 2025, to explain their “misconduct and negligence.”
“The SHO, SSP, and District Magistrate must appear before this Court and explain their actions which show sheer misuse of statutory provisions,” the bench directed.
In addition, the Court has instructed that a copy of the order be sent to the Director General of Police, Uttar Pradesh, and the Secretary, Home Department, for their information.
Case title - Manshad @ Sona vs. State of U.P
