UP Gangsters Act: Strict Scrutiny Essential When FIR Registered Under Stringent Laws, Says Supreme Court

The Supreme Court in the case Jay Kishan And Ors Versus The State Of Uttar Pradesh And Ors observed and has ruled that strict scrutiny of the First Information Report, FIR is required registered under stringent laws like the Uttar Pradesh Gangsters Act to prevent its misuse in property or financial disputes.

- TDG NETWORK

The court in the case emphasized that Article 21 of the Constitution of India cannot be disregarded solely based on the registration of a criminal offense. Furthermore, the court ruled that authorities cannot be given unrestricted discretion in invoking the stringent provisions of the Act.

The bench comprising of Justice Sudhanshu Dhulia and Justice Ahsanuddin Amanullah was hearing the present matter.

The court in the case observed that the right to life and liberty guaranteed under Article 21 of the Constitution of India cannot be overlooked only due to the reason that criminal cases have been registered against a person. It would be plainly unwise to accord any unfettered discretion to the authorities concerned when it comes to invoking the Act. Thus, the more stringent or penal a provision, greater the emphasis and requirement for it to be strictly construed.