UP Govt Seems Determined to Use Goonda Act as Tool of Harassment: Allahabad HC
The bench said the Goonda Act must be used sparingly and cannot be applied to punish a person without a conviction.
- The Allahabad High Court quashed a Gonda District Magistrate order declaring Zahid Ali a "goonda" and externing him for six months, ruling the decision legally unsustainable.
- On May 11, the Gonda District Magistrate passed the order relying on two criminal cases, though Ali had already been acquitted in the 2010 case by the Chief Judicial Magistrate, Gonda, on August 26, 2017.
- Justice Subhash Vidyarthi observed the state appears determined to use the law as a "tool of harassment," noting the Goonda Act is a "very powerful" legislation requiring great caution in clear cases.
- Additionally, the High Court set aside the appellate order from the divisional commissioner, finding the commissioner failed to properly exercise discretion by treating an acquitted case as pending against Ali.
- Legal precedents dictate the Act should not be used as a "tool of oppression" against innocent persons; the Court ruled a single criminal case from 2020 cannot establish habitual offending.
13 Articles
13 Articles
UP Govt Turning Goonda Act Into Weapon of Harassment: Allahabad High Court | 📰 LatestLY
The Allahabad High Court quashed an order declaring Gonda resident Zahid Ali a 'goonda', saying the state government 'appears determined to use the stringent law as a tool of harassment'. The court found the externment order relied on a case in which Ali had already been acquitted. 📰 UP Govt Turning Goonda Act Into Weapon of Harassment: Allahabad High Court.
State using Goonda Act as a tool of oppression: Allahabad HC on DM’s externment order
The Allahabad High Court quashed a Gonda DM's externment order under the Goonda Act, highlighting its misuse as a tool of oppression against innocent individuals. The court emphasized the need for careful application in cases of public disorder.
UP govt using Goonda Act as tool of harassment: Allahabad HC
The Allahabad High Court has strongly criticised the Uttar Pradesh government for the alleged misuse of the Goonda Act, stating it appears to be used as a tool of harassment. The court emphasised that the stringent law must be invoked with caution and only in clear cases to maintain public order, while quashing an order that declared a person a "goonda" based on acquitted cases and beat information reports.
Uttar Pradesh government seems determined to use Goonda Act as tool of harassment: Allahabad High Court
The court made the observations while quashing the order of the Gonda district magistrate declaring a person named Zahid Ali a "goonda" and externing him from the district for six months
The Economic Times
UP govt seems determined to use Goonda Act as tool of harassment: Allahabad HC
The Allahabad High Court has criticised the Uttar Pradesh government's use of the Goonda Act. The court observed the stringent law was used as a tool for harassment. It quashed an order declaring Zahid Ali a goonda and externing him. The court noted an acquitted case was wrongly used against Ali. This ruling highlights the need for caution when invoking the powerful Goonda Act.
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