In a strongly worded order, the Allahabad High Court on Monday came down heavily on the Muzaffarnagar district administration and police for what it described as the repeated and unjustified use of the stringent Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act against an individual named Manshad, also known as Sona.
The court accused officials of misusing the law to keep the man imprisoned without sufficient grounds.
The bench, while hearing a bail application, noted that four separate FIRs—three from 2023 and one from 2025—had all been converted into cases under the Gangsters Act, despite an earlier invocation of the same law in 2024.
The court questioned the rationale and legality behind this repetitive application of the Act and expressed concern over what it saw as an arbitrary and negligent pattern of conduct.
Manshad has been in custody since May 2025 after the four FIRs were clubbed and registered under the Gangsters Act at the Khalapar police station in Muzaffarnagar.
The court observed that there appeared to be deliberate and unjustified attempts by local authorities to prolong his detention by repeatedly slapping serious charges under this law, without proper application of mind or legal basis.
In its order, the court criticized not just the Station House Officer (SHO) of Khalapar police station, but also held the District Magistrate and the Senior Superintendent of Police (SSP) of Muzaffarnagar accountable for their roles in approving these actions.
According to Rule 5(3)(a) of the U.P. Gangsters and Anti-Social Activities (Prevention) Rules, 2021, it is mandatory for these officials to jointly review and apply their minds before approving action under the Gangsters Act.
The court said this procedural safeguard appeared to have been ignored.
Finding no satisfactory justification from the government’s counsel for the repeated invocation of the Gangsters Act, the High Court described the conduct of the officials involved as a “clear misuse” of the law and a “serious lapse” in administrative responsibility.
Granting interim bail to Manshad until the next hearing, the court directed that he be released upon furnishing a personal bond and two sureties to the satisfaction of the concerned trial court.
Additionally, the High Court directed the personal appearance of the District Magistrate, the SSP of Muzaffarnagar, and the SHO of Khalapar police station at the next hearing scheduled for July 7. The court demanded that they explain their conduct and the reasons for this alleged abuse of power.
In a move to ensure compliance and transparency, the court also ordered that copies of its directive be sent to the Director General of Police (DGP), Uttar Pradesh, and the Principal Secretary, Home Department, Government of Uttar Pradesh.
The Registrar (Compliance) of the High Court has been tasked with forwarding these orders to the concerned officials.
The court further referenced several earlier legal precedents and judgments, including those in the cases of Abdul Lateef @ Mustak Khan vs. State of U.P., Sanni Mishra @ Sanjayan Kumar Mishra vs. State of U.P., and Vinod Bihari Lal vs. State of U.P., to highlight that the authorities’ actions violated both legal procedure and Supreme Court guidelines.
In conclusion, the High Court’s order sends a strong message against the misuse of draconian laws and stresses the importance of due process and accountability among law enforcement and administrative officials.
The matter will now be further examined on July 7, when the concerned officers are expected to present their explanation before the court.