Lucknow, Jun 3 The Allahabad High Court has quashed proceedings against former Samajwadi Party MP Rizwan Zaheer and his son-in-law Rameez Nemat under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, holding that the authorities failed to satisfy the statutory requirements necessary for invoking the law.
Allowing an application, Justice Subhash Vidyarthi of the court's Lucknow bench observed that the material on record did not establish that the alleged activities of the accused had disturbed public order or were committed with the objective of obtaining undue pecuniary or other material benefits.
The court had reserved its judgment on May 26 and pronounced the verdict on May 29.
The case stemmed from an FIR registered at Tulsipur police station in Balrampur district under the Gangsters Act.
According to the prosecution, a gang chart prepared by the police described Nemat as the gang leader and Zaheer as a member. The gang chart was based on two criminal cases - a 2022 case involving allegations of attempt to murder and a 2023 murder case.
Senior advocate B A Khan, appearing for the petitioners, argued that the station house officer had prepared the gang chart on July 7, 2024, while the FIR stated that the officer first came to know about the existence of the alleged gang during police patrolling on July 20, 2024.
The court found the contradiction significant and observed that the version contained in the FIR appeared inherently improbable, indicating mala fide action by the police.
Opposing the plea, additional government advocate G D Bhatt contended that the accused wielded considerable influence and terror in the area, discouraging people from lodging complaints against them, and argued that all procedural requirements under the Gangsters Act had been followed.
However, the court held that no material had been placed on record to show that the alleged acts had affected public tranquillity or disrupted normal community life. It further noted that no substantive evidence had been produced to establish that the murder case cited in the gang chart had been committed for pecuniary gain.
The bench also observed that the investigating officer, superintendent of police, district magistrate and the trial court had proceeded mechanically without recording the satisfaction mandated under the Act and the 2021 Rules.
Consequently, the court quashed the charge sheet, cognizance order and summoning order passed by the special judge, bringing the Gangsters Act proceedings against Zaheer and Nemat to an end.
