Lucknow, The Allahabad High Court has come down heavily on the Uttar Pradesh government over alleged misuse of the Goonda Act in the state, observing that cases coming before it indicate that the state government appears determined to use the stringent law as a tool of harassment.
The court also set aside the appellate order passed by the divisional commissioner upholding the DM’s decision.
The court made the observations while quashing the order of the Gonda district magistrate declaring a person named Zahid Ali a “goonda” and externing him from the district for six months.
The high court also took exception to the police report mentioning the case in which Ali had already been acquitted, observing that it indicated that an incorrect picture of the petitioner had been placed before the DM.
High Court Rules on Ali’s Acquittal and Goonda Declaration
The high court has ruled that Ali, previously acquitted in a 2010 case by the Chief Judicial Magistrate in Gonda on August 26, 2017, cannot be declared a goonda based on that acquittal. The court highlighted that a person who has been acquitted cannot later be deemed a habitual offender based on the same case.
The ruling pointed out a significant gap of nearly six years between a 2020 criminal case involving Ali and the 2026 order that labeled him a goonda. The court stated that there was no logical connection between the two events.
Furthermore, the court emphasized that Ali’s involvement in a single criminal case from 2020 does not suffice to prove that he is a habitual offender. It noted that no criminal charges had been filed based on the information presented, and Ali had not been granted a chance to defend himself. Relying on such evidence, the court concluded, would breach the principles of natural justice.
