A public interest litigation (PIL) has been filed in the Supreme Court challenging the constitutional validity of the Uttar Pradesh Gangster and Anti-Social Activities (Prevention) Act, 1986 (UP Gangsters Act)

The PIL, takes issue with Sections 3, 12, and 14 of the Act as well as Rules 16(3), 22, 35, 37(3), and 40 of the 2021 Rules, which cover the registration of cases, the attachment of property, the investigation process, and the courtroom process.

“Arbitrary power of the authorities on their own satisfaction violates even the classical twin tests of classification under Article 14 evolved by this Hon’ble Court in Anwar Ali Sarkar (AIR 1952 SC 75), which require that (i) there should be a reasonable classification based on intelligible differentia; and (11) this classification should have a rational nexus with the objective sought to be achieved. The classification in the Act must be founded on the basis of intelligible differentia.”