The Uttar Pradesh government has issued new guidelines for invoking the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, and preparing gang charts. These directives aim to ensure the Act is applied appropriately and to prevent misuse.

Conditions for Invocation: The Act should only be applied when an individual commits a crime involving violence, threats, or coercion, either alone or in a group, with the intent to disturb public order or gain undue advantage.

Gang Chart Specifications: The gang chart must clearly indicate which sub-section of Part B of Section 2 of the Act each listed crime falls under.

Case Status Updates: The current status of all cases mentioned in the gang chart should be explicitly stated.

Compliance with 2021 Rules: The provisions of Rule 5 of the 2021 Rules must be fully adhered to. Cases previously used to invoke the Act should not be included in the new gang chart.

Joint Review Process: Upon receiving the case file, a thorough review should be conducted. The Police Commissioner or District Magistrate must hold a joint meeting with the Senior Superintendent of Police or Superintendent of Police to ensure compliance before approving the gang chart.

1. Documentation and Signatures: Officials must sign the gang chart and include the date of signing. They should also confirm that they have reviewed all associated documents.

These measures were introduced following a Supreme Court intervention in the case of Gorakh Nath Mishra, where the application of the Act was found to be inappropriate. The new guidelines are designed to prevent arbitrary or unjust application of the law.

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