2013 (8) TMI 1090 - SC - Indian Laws

Summary

Issues Involved
1. Constitutional validity of Section 12 of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986.
2. Alleged violation of Articles 14, 21, 22(4), and 300A of the Constitution of India.
3. Request for quashment of the First Information Report dated 2.5.2010.

Summary of Judgment
1. Constitutional Validity of Section 12 of the Act
The petitioner challenged the constitutional validity of Section 12 of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, claiming it violated Articles 14, 21, 22(4), and 300A of the Constitution of India. The Supreme Court upheld the constitutional validity of Section 12, stating that the provision mandates that the trial under this Act of any offence by the Special Court shall have precedence and be concluded in preference to other cases, which does not violate the right to a speedy and fair trial under Article 21.

2. Alleged Violation of Articles 14, 21, 22(4), and 300A
- Article 21 (Right to Speedy and Fair Trial): The Court held that the provision for precedence of trial under the Act ensures a speedy trial and does not deny fair trial rights. The legislative intent was to prevent simultaneous trials in different courts, which could cause delays.
- Article 14 (Equality Before Law): The Court found that the differentiation between an accused under this Act and those accused under other laws is rational and does not violate the equal protection clause. The Act addresses organized crime, which necessitates a distinct legal approach.
- Article 22(4) (Preventive Detention): The Court rejected the argument that the provision amounts to preventive detention, clarifying that preventive detention and detention for trial under the Act are different.
- Article 300A (Right to Property): There was no specific discussion on this article in the judgment.

3. Quashment of the First Information Report
The petitioner also sought the quashment of the First Information Report dated 2.5.2010. However, the Supreme Court did not find merit in this request and dismissed the writ petition.

Conclusion
The Supreme Court upheld the constitutional validity of Section 12 of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, and dismissed the writ petition, finding no violation of Articles 14, 21, 22(4), and 300A of the Constitution of India.