UP Goondas Act: Just two cases cannot brand someone a ‘goon’: Allahabad HC
Prayagraj, April 22: The Allahabad High Court made an important observation, stating that a person cannot be declared a ‘goonda’ based on just one or two criminal cases. The court stated that doing so causes irreparable damage to the reputation of the individual and his family.
A single bench of Justice Sandeep Jain made this observation while hearing a petition challenging a six-month deportation order. This order was passed by the Additional District Magistrate (Finance and Revenue) of Bulandshahr, which was upheld by the Commissioner of Meerut Division.
The administration had declared the petitioner, Satyendra, a habitual offender and a threat to society based on the two criminal cases registered against him. It was also stated that his activities had created an atmosphere of fear in the area, making people reluctant to testify against him.
However, the High Court clarified that a few isolated incidents are not sufficient to establish habitual offenderhood. The court stated that for action to be taken under the Uttar Pradesh Control of Goondas Act, 1970, it is necessary to demonstrate that a person has been consistently involved in crimes.
Citing its prior decisions, the court stated that one or two incidents cannot be used to conclude that a person is a habitual offender. It also stated that if there is a long gap between incidents, the element of habitual offenderhood becomes even weaker.
Given these facts, the court held that it was not appropriate to declare the petitioner a goon based on just two cases. Therefore, the entire proceedings against him were declared illegal and quashed.
