BIJNOR: After Allahabad HC pulled up Amroha district magistrate, Rajesh Kumar Tyagi, for showing “sheer negligence amid procedural lapses” while giving his approval for slapping the stringent Gangster Act against three local residents last month, the state government, admitting lapses had been committed, transferred the official.
The three men, Asif, Anas and Chahat (only first names available), were charged under the Act at Didauli police station in Amroha, following which Asif had moved HC.
During the hearing, the court sought a response from the state government as some of the accused had filed three separate petitions seeking the quashing of two FIRs and a “gangster chart” registered against them by the local police and administration.
Notably, “gangster chart” is a record which police along with administration prepare by naming a person or persons as the leader or member of a gang before charging them under the Act. On September 24, after examining the matter, HC division bench of justices Vivek Kumar Birla and Arun Kumar Singh Deshwal granted the three accused bail.
The court also ordered the quashing of the FIRs against them under the Act. The bench observed that the district magistrate had approved action against the three individuals, under section 3 (1) of the UP Gangsters and Anti-Social Activities (Prevention) Act, 1986, without following the due process. Terming it “sheer negligence” on his part, HC further stated that it has come across several cases from this particular district where the DM and SP did not properly prepare the gangster chart in accordance with laid down rules.