Jay Kishan vs State Of Uttar Pradesh 2025 INSC 198 - UP Gangsters Act

Uttar Pradesh Gangsters & Anti-Social Activities (Prevention) Act, 1986 - Section 2(b) - Mere invocation of certain Sections of the IPC could not and would not preclude the Court from, in a manner of speaking, lifting the veil, to understand what actually lies beneath the material, which is sought to be made the basis for invoking the Act - It would be plainly unwise to accord any unfettered discretion to the authorities concerned when it comes to invoking the Act. The more stringent or penal a provision, greater the emphasis and requirement for it to be strictly construed-Compliance and strict adherence mean that only an eyewash by making allegations with a view to set up grounds to justify resort to the Act would not suffice. Material(s) must be available to gauge the probability of commission of the alleged offence(s). Necessarily, this would have to be of a level higher than being merely presumptive. (Para 24-25) The Act can be invoked basis pending cases - However, the case(s) against the person(s) qua whom the Act is to be invoked cannot be run-of-the-mill – it must be serious- The severity required the underlying case(s), we think, ought not to be judicially strait-jacketed as a lot would turn on the specific peculiarities of each case. (Para 26)

Constitution of India - Article 21 -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. (Para 24)