The Supreme Court on began hearing a batch of petitions questioning the constitutional validity of key provisions of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986. The challenge has gained significance after the enactment of the Bharatiya Nyaya Sanhita (BNS), 2023, which replaces parts of the old criminal law framework.
Background of the Case
Multiple petitioners, including Siraj Ahmad Khan, have approached the top court arguing that Sections 3, 12, and 14 to 17 of the UP Gangsters Act, along with certain rules framed in 2021, violate fundamental rights guaranteed under the Constitution. They also claim that these provisions clash with Section 111 of the BNS, which deals with organised crime and group-based criminal activity.
Senior advocates appearing for the petitioners submitted that Parliament intended the BNS to be a complete and exhaustive law on the subject, leaving no room for parallel state legislation.
During the hearing, senior counsel argued that both laws “occupy the same field” and that there is a direct and irreconcilable conflict between the UP law and the central legislation. Relying on an earlier Supreme Court judgment, the petitioners highlighted tests laid down to determine when a state law becomes invalid due to conflict with a central law.
“The Parliament has now spoken comprehensively on organised crime,” one of the counsels submitted, contending that the state law can no longer operate independently.
Court’s Observations
The Bench of Justice J.B. Pardiwala and Justice K.V. Viswanathan noted that the issue of legislative conflict required detailed examination. The judges recorded that the State of Uttar Pradesh and the Centre sought time to study the repugnancy argument raised by the petitioners.
The Bench observed that the submissions raise “important constitutional questions” that cannot be decided without a considered response from the State.
Decision and Next Steps
Granting the State three weeks’ time, the Supreme Court directed it to file a response specifically addressing whether the UP Gangsters Act conflicts with Section 111 of the Bharatiya Nyaya Sanhita, 2023. The Court also allowed senior counsel for the petitioners to place written submissions on record.
The matter has been listed for further hearing on 11 March 2026, when the Court will continue examining the challenge to the UP Gangsters Act
Case Title: Siraj Ahmad Khan & Anr. v. State of Uttar Pradesh & Anr.
