Goondas Act being used as ‘tool of oppression’ in UP: Allahabad HC

The Allahabad High Court on Thursday said the Uttar Pradesh government had continued to use the Goondas Act, which is meant to control habitual criminals, as a “tool of oppression”, despite repeated warnings from courts against its misuse.

Justice Subhash Vidyarthi made the observation while hearing a petition filed by Zahid Ali challenging an order issued by the Gonda district magistrate declaring him a “goonda” under the Uttar Pradesh Control of Goondas Act, 1970, and directing him to leave the district for six months. The court set aside the district magistrate’s order.

“The Goonda Act is a powerful tool for the control and suppression of the ‘Goondas’,” the court said, adding that it “should be used very sparingly in very clear cases of public disorder or for the maintenance of public order.”

The court said judicial authorities have repeatedly held that the Act should not be used as a tool to oppress innocent persons. It is intended to prevent habitual criminal activity, rather than punish a person without a conviction for a substantial offence.

“The present case is a glaring example of the abuse of the aforesaid statute,” the court observed.

The court noted that Ali had already been acquitted in one of the two cases cited by the police to declare him a “goonda”. It held that a person cannot be declared a “goonda” on the basis of a case in which he has been acquitted.

The bench also noted that there was no allegation that Ali posed any threat to law and order.