Allahabad High Court Slams UP Government For 'Persistent' Misuse of Goonda Act As 'Tool Of Oppression'

The Allahabad High Court (Lucknow Bench) recently said that the Uttar Pradesh government has repeatedly misused the U.P. Control of Goondas Act, 1970 as an instrument of oppression, as it quashed an externment order against a Gonda resident that was built on a criminal case in which he had already been acquitted nearly nine years earlier.

The bench of Justice Subhash Vidyarthi, delivering the verdict on a writ petition filed by Zahid Ali under Article 226 of the Constitution, set aside both the District Magistrate's order dated May 11, 2026, declaring Ali a "goonda" and banishing him from Gonda district for six months, and the Commissioner's appellate order of August 12, 2026, which had upheld the externment.

Court Says State 'Persistent' in Abusing Goonda Act

In pointed remarks, court noted that despite settled law holding that the Goonda Act is a "powerful tool" meant to be used only "sparingly in very clear cases of public disorder," it continues to see a stream of similar cases. The bench observed that "numerous cases are being presented before this court, indicating that the State is persistent in its approach of using the Goonda Act as a tool of oppression," calling Ali's case "a glaring example of the abuse of the aforesaid statute"

Externment Built on Case Where Petitioner Was Already Acquitted

The externment order rested on Ali's alleged involvement in two criminal cases: a 2010 case involving assault and intimidation charges, and a 2020 case linked to rioting, property damage, and violations under the Disaster Management Act and Epidemic Diseases Act. But Ali had already been acquitted in the 2010 case by the Chief Judicial Magistrate, Gonda, in August 2017, a fact the State's own counter affidavit did not dispute.

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Court found that the police report submitted to the District Magistrate cited this acquitted case anyway, and observed that the police "must have had knowledge" of the acquittal, concluding that its inclusion "indicates that the police has deliberately portrayed a false picture of the petitioner before the District Magistrate".

Appellate Order Faulted for Ignoring Acquittal

Even after Ali specifically raised his acquittal before the Commissioner during his appeal, the appellate authority still relied on the acquitted case to reject his challenge. The High Court held this showed "non-application of mind," making the appellate order "unsustainable in law".

Once the acquitted case was excluded, court found Ali stood involved in only a single pending case from 2020 which was far short of the "habitual" criminal conduct threshold required under Section 2(b) of the Act to declare someone a goonda. Court also flagged a long, unexplained gap between the 2020 case and the 2026 externment order, undermining any "reasonable nexus" the law demands between alleged conduct and preventive action.

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Reliance on Unheard Beat Report Also Rejected

Court further rejected the use of a "beat information report" cited to support the externment, holding that Ali was never given a hearing on it which was a violation of natural justice that could not be cured by later claims that the report had been "verified".

Externment and Appellate Orders Quashed

Reiterating that the Goonda Act is preventive, not punitive, and cannot substitute for prosecution under ordinary criminal law, court allowed the writ petition in full. Both the District Magistrate's externment order and the Commissioner's order dismissing Ali's appeal were quashed.

Case Title: Zahid Ali v. State of U.P. Thru. Prin. Secy./Addl. Chief Secy. Deptt. of Home Lko. and 4 Others

Order Date: September 10, 2026

Bench: Justice Subhash Vidyarthi