The Allahabad High Court while allowing the petition said that trivial and insignificant offences having one or two in number would not make the person branded as a “Goonda”.
The Court stated that this adjective “Goonda” itself carries bundle load of bad name, and the executive authorities casually and irresponsibly brand a person as a Goonda, goes without saying, that his entire future and reputation would go to dogs and cause irreparable damage to his name and reputation of his family.
A Division Bench of Justice Rahul Chaturvedi and Justice Mohd Azhar Husain Idrisi passed this order while hearing a petition filed by Govardhan.
The petition has been filed on behalf of petitioner Govardhan seeking following main prayer:
“Issue a writ, order or direction in the nature of Certiorari quashing the show cause notice dated 15.6.2023, issued by the Additional District Magistrate (Finance & Revenue), Aligarh, in Case No 3400 of 2023 (State Vs Govardhan), under Section 3 of the Uttar Pradesh Control of Goondas Act, 1970, Police Station Chharra, District Aligarh.”
In the case, the notice under Section 3 of the Uttar Pradesh Control of Goondas Act, 1970 dated 15.6.2023 has been issued on the basis of two cases, (i) Case under Sections 323, 504, 506, 354, 354B, 452 IPC, Police Station Chharra, District Aligarh and (ii) Report dated 3.5.2023.
On the basis of these “so called two cases” the Additional District Magistrate (Finance & Revenue), Aligarh has issued a notice under aforesaid section of the Act, 1970 against the petitioner for the purposes of bringing an additional offence within the four corners of Uttar Pradesh Control of Goondas Act, 1970. For this objective the person must be a “Goonda” and this expression of “Goonda” has been defined in Section 2(b) of the Uttar Pradesh Control of Goonda Act, 1970.
The peculiar feature of this enactment is that the person who is branded as “Goonda” should be ousted from the municipal limits of the city as a preventive measure by the executive authorities of the district by passing externment order. That the person either himself or as a member or leader of a gang, who habitually commits the offences mentioned in the Section 2(b) of the Act or he has got the tendency to commit the offence time and again. If a person is having a solitary case to his credit, he cannot be branded that he has a habitual Goonda pleaded by the counsel for the petitioner.
Provisions of Uttar Pradesh Control of Goonda Act, 1970 are applicable in the entire State of UP. Its punishment is provided in Section 3 of the aforementioned enactment that when it appears to the District Magistrate that any person is a “Goonda” or his movements or acts in the district or any part thereof may cause or are calculated to alarm, danger or harm to the persons or property of the district. The District Magistrate feels and have a sufficient material of believing that, he is engaged or about to engage in the District or any part thereof, in the commission of offence referred to in sub-clauses (i) to (iii) of clause (b) of Section 2, or its abetment of such an offence and no witness would come forward to give evidence against him, meaning thereby, that individual has earned lots of bad name and has got sufficient ‘nuisance value’ in the district. By this reason of apprehension with regard to the safety of their person or property, the District Magistrate may pass an externment order for a period of six months as specified in law with sole motive to save the citizens from the wrath of that individual “Goonda”. Thus, it can safely be termed that under this enactment, the District Magistrate are empowered to handle such type of miscreants and oust them from the municipal limit of the district maximum for the period of six months by way of preventive measures. This is a deterrent law whereby a person who is termed as a “Goonda” is asked to leave the premises of the district. It shall be branded as “Goonda” for the rest of his life.
The District Magistrate before exercising this extraordinary and unusual powers conferred by this enactment, must exercise with all caution and care, but we are noticing that there is a rampant misuse of provisions of this enactment. The executive authorities for the extraneous consideration exercising this extraordinary powers at their whims and capricious and are issuing notices on a solitary case or some beat reports. This amounts to making the deterrent enactment blunt. The indiscreet exercise of provisions of Goonda Act and sending the notices to the persons is not based on executive authorities’ sweet will or choice. Issuing notice on solitary cases is quite irritating and unnecessarily, there is piling up of litigation.
In the case there is a solitary case and solely on this basis no executive authority can justify that the petitioner is a ‘habitual offender’ or involved in the cases mentioned in Section 2(b) of the Uttar Pradesh Control of Goondas Act, 1970.
The Court further said that it is a fundamental right of every citizen to reside peacefully and profess his business, but if the executive authorities are issuing notice under this deterrent law, then they must be doubly sure about the individual’s past image, his past credentials, his family, social educational background and after assessing all these factors if the executive authorities comes to the conclusion that individual is a “Goonda” or a potential threat to society at large and should be thrown out from the municipal limits, then only by well reasoned order, after applying his own independent judicial mind pass a well reasoned order for externment of that individual or even issue notice to that individual calling upon him to justify his past conduct.
The Court also said that the public perception regarding the individuals’ image carries weight. If the individual is enjoying a bad reputation and name in the area and coupled with the fact that he has got a chequered past then executive authorities are well within their right to issue notice to that individual or to pass an externment order for that individual.
“But in the case, the notice under challenge spells out the cases required against the petitioner which is allegedly issued on a “prescribed printed proforma” without application of mind by the executive authorities. Not only this, except enumeration of pending solitary case and a beat report, there is total lack of any judicial mind spelling out the general nature of material allegations against the petitioner, making entire impugned notice per se defective and cannot be acted upon any further”, the Court observed while allowing the petition.
The Court expressed displeasure in this type of routine pasting of such provisions of the Uttar Pradesh Control of Goondas Act, 1970 and Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 in a most capricious and casual way.
Accordingly, the Court quashed the show cause notice dated 15.6.2023, issued by the Additional District Magistrate (Finance & Revenue), Aligarh, in Case under Section 3 of the Uttar Pradesh Control of Goondas Act, 1970, Police Station Chharra, District Aligarh.