- (1.) In this writ petition preferred under Article 32 of the Constitution of India, the petitioner who is undergoing trial before the learned Special Judge, District Baghpat, U.P., has called in question the constitutional validity of number of provisions of the Uttar Pradesh Gangsters and Anti- Social Activities (Prevention) Act, 1986 (Act 7 of 1986) (for short "the Act") being violative of Articles 14, 21, 22(4) and 300A of the Constitution of India and further prayed for issue of a writ of certiorari for quashment of the First Information Report dated 2.5.2010 giving rise to Crime No. 100 of 2010 registered at Police Station Ramala, District Baghpat.
(2.) At the very outset, it is imperative to state that this Court, on 20th September, 2010, while issuing notice, had passed the following order: - "Issue notice in regard to the validity of Section 12 of the U.P. Gangster & Anti-Social Activities (Prevention) Act, 1986." Regard being had to the aforesaid, we shall only dwell upon and delve into the constitutional validity of the section 12 of the Act.
(3.) It is necessary to state here that the validity of the Act was called in question before the High Court of Judicature at Allahabad and a Full Bench of the High Court in Ashok Kumar Dixit v. State of U.P. and another, 1987 AIR(All) 235 upheld the constitutional validity and dismissed the writ petition. The assail to the constitutional validity travelled to this Court in Subhash Yadav v. State of U.P. and another Writ Petition (Crl.) No. 317 of 1987 dt. 9.12.1987 and a two-Judge Bench of this Court referred the matter to the Constitution Bench by stating thus: - "Heard learned counsel for the parties at some length. We are informed that the question of vires of the Terrorist Affected Areas (Special Courts Act) 1984, is pending before a Constitution Bench. In the light of this, in our opinion, it would be proper that these matters wherein the constitutional validity of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, is challenged, should also be heard by the Constitution Bench.";