SC quashes UP Gangsters Act case against 90% disabled man
New Delhi, March 8 -- The Supreme Court has quashed a case registered under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act against a Meerut resident, a 90% disabled man, after he was produced before it in a wheelchair to demonstrate the extent of his disability.
A bench of justices Sanjay Kumar and K Vinod Chandran expressed disbelief at the state's decision to invoke the stringent Act, and allowed the appeal filed by Shahid, setting aside a July 29, 2024 order of the Allahabad high court, which had refused to quash the first information report (FIR) lodged at Bhawanpur police station in Meerut under Sections 2 and 3 of the Gangsters Act, 1986.
Sections 2 and 3 of the 1986 Act define a "gang" and a "gangster" and prescribe punishment for those involved in organised criminal activity. Section 3 provides for rigorous imprisonment that may extend up to 10 years (and in certain aggravated cases, even longer), along with a fine.
The top court noted that Uttar Pradesh admitted Shahid is disabled to the extent of 90%. The bench also recorded that Shahid was produced before it in open court in a wheelchair pursuant to an earlier order.
"As recorded by this Court in the earlier order dated 03.12.2025, the appellant, Shahid, was produced in the open Court in a wheelchair and was seen by one of us.it is beyond the pale of doubt that he is disabled and unable to use his limbs fully, except for his left hand," the order stated.
Taking note of his physical condition, the court observed that Shahid is "incapable of physical movement on par with an able-bodied person."
Under these circumstances, the court held that sufficient cause was not made out for the state to register and continue criminal proceedings against him under the Gangsters Act. The bench further noted that the allegations stem from a land dispute between the complainant and Shahid's family. It further recorded that proceedings had earlier been sought to be initiated against him under the Uttar Pradesh Prevention of Cow Slaughter Act, 1955....
इस लेख के रीप्रिंट को खरीदने या इस प्रकाशन का पूरा फ़ीड प्राप्त करने के लिए, कृपया
हमे संपर्क करें.