Gangsters Act: Supreme Court Declines to Stay Criminal Proceedings Against UP Congress President Ajai Rai, Next Hearing on July 15

On June 25, 2024, the Supreme Court (SC) of India declined to stay the criminal proceedings against Uttar Pradesh Congress President Ajai Rai initiated in 2010 under the UP Gangsters and Anti-Social Activities (Prevention) Act, 1986. The bench scheduled the matter for further hearing on July 15. The vacation bench comprising Justice Abhay S. Oka and Justice Rajesh Bindal issued a notice to the State of Uttar Pradesh regarding Rai’s plea challenging the Allahabad High Court’s decision that refused to quash the cases against him.

Ajai Rai is facing charges under several sections of the Indian Penal Code (IPC), including Sections 147 (rioting), 148 (rioting, armed with a deadly weapon), 448 (house-trespass), 511 (attempt), 323 (hurt), 504 (intentional insult), 506 (criminal intimidation), and 120-B (criminal conspiracy), as well as Section 3(1) of the UP Gangsters and Anti-Social Activities (Prevention) Act, 1986 (Gangsters Act). The Allahabad High Court, on November 21 of the previous year, refused to quash these proceedings, noting that over 27 criminal cases were registered against Rai.

Rai's counsel, Advocate Divyesh Pratap Singh, argued before the SC that the FIR, lodged by a private individual, did not contain any allegations of gang activities, thereby making the police’s submission of the charge sheet under Section 3(1) of the Gangsters Act inappropriate. Despite these arguments, the top court denied any interim relief, allowing the criminal proceedings to continue as scheduled. Ajai Rai, aggrieved by the High Court's decision, sought relief from the SC. However, the refusal to stay the proceedings marks a significant step in the ongoing legal battle. The Supreme Court’s notice to the State of UP indicates that the matter will undergo further judicial scrutiny in the coming months.