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Synopsis

Noting the rampant misapplication of the Uttar Pradesh Control of Goondas Act, 1970, the Allahabad High Court has directed the State Government to form uniform guidelines by October 31 regarding the applicability of the said Act.

The bench comprising Justice Rahul Chaturvedi and Justice Mohd. Azhar Husain Idrisi noted a lack of consistent approach among the executive authorities in various districts of Uttar Pradesh concerning the enforcement of this "deterrent" legislation. This inconsistency has led to an unnecessary accumulation of cases and challenges to notices issued under the mentioned Act, the court noted. 

The Court was primarily dealing with a writ petition lodged by one Govardhan, against the issuance of a notice under Section 3 of the UP 'Goondas Act' (externment). This notice had been issued by the Additional District Magistrate (Finance & Revenue) in Aligarh. The decision to issue the notice was based on the assessment that Govardhan qualified as a 'habitual offender' and was implicated in the instances specified in Section 2(b) of the Uttar Pradesh Control of Goondas Act, 1970.

Court noted that the impugned notice there was a description of only one criminal case and one beat report against the petitioner. The court held that however, "as per the definition and law settled by the Hon'ble Apex Court as well a by the high court "one" cannot be treated to be a 'habitual offender' unless and until there is a tendency of recurrence of the offence".

Court said, 

"In the instant case there is a solitary case to the credit of the petitioner, in which he has been granted anticipatory bail till the conclusion of trial, we find that this notice is nothing, but a sheer abuse of power vested in the executive authorities of the district."

Court pointed out that there is mandatory requirement of the law, that if the executive authority is satisfied that the proceedings under Goonda Act spell out offences under clause (a), (b) and (c) of sub-Section 1 of the Act, he may issue notices to the particular “Goonda” informing him general nature of material allegations against him in clause (d) of the Act, his image among the masses, his nuisance value by which he is a potential threat to the peace and public order of the society at large.

Court noted that in the present case, in the notice under challenge spelled out the cases required against the petitioner which was allegedly issued on a "prescribed printed proforma" without application of mind by the executive authorities.

"Not only this, except enumeration of pending solitary case and a beat report, there is total lack of any judicial mind spelling out the general nature of material allegations against the petitioner, making entire impugned notice per se defective and cannot be acted upon any further," said the court. 

In view of the same, court expressed its strong displeasure in such type of routine pasting of such provisions of the Uttar Pradesh Control of Goondas Act, 1970 and Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 "in a most capricious and casual way".

Therefore, court quashed the impugned notice. 

Case Title: Govaradhan v State of UP