Source: The Indian Express 

Introduction 

The evolution of gangster culture often begins in seemingly unlikely places - university campuses, student politics, and local disputes. What starts as small-scale conflicts can transform into extensive criminal enterprises, drawing in educated youth through a complex web of power, money, and influence.

How Did a College Student's Political Ambitions Transform into One of India's Most Notorious Criminal Networks? 

The Story Begins 

• In 2021, Delhi Police found that a criminal gang was connected to a Gangster Group during a horse auction 
• They were investigating on one of the gangster , who was already in jail, but still running a large criminal network 

The Main Players 

• A Son of a retired police officer who became a key member of one of the current famous gangs. 
• Leader of the Group who Started his criminal career in college while in student politics 
• Another gang member who was caught in UAE 

How It Started 

• Gangster began his criminal activities while studying law at Punjab University 
• He first got involved through student politics and union elections 
• What started as campus politics turned into serious criminal activities 

The Growth 

• Despite being in jail since 2014, his network kept growing 
• He supposedly runs a gang of about 700 people from inside the jail 
• His gang got involved in big crimes, including the murder of singer Sidhu Moosewala 

Current Situation: 

• Several gang members are in different jails 
• The gang is involved in murder, extortion, and other serious crimes 
• They're now using their education and connections to run sophisticated criminal operations 

Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act,1986 

• Historical Background and Legislative Intent 
  • The Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act was introduced in 1986 by Chief Minister Vir Bahadur Singh to address the rising threat of organized crime in Uttar Pradesh.  
  • The Act came into force on January 15, 1986, marking a significant milestone in the state's legal framework for combating criminal activities. 
  • The legislative intent behind the Act was rooted in the principle that "legislation begins where evil begins."  
  • The immediate goal was to target approximately 2,500 well-known gangsters operating within the state and bring them to justice.  
  • The Act was conceived as a response to the inadequacy of existing regulations in dealing with sophisticated criminal networks and organized crime. 
• Need for an Act 
  • Increasing instances of extortion and contract killings 
  • Widespread land grabbing activities 
  • Growth of illicit drug trade networks 
  • Rising threat to public safety and property 
  • Ineffectiveness of conventional legal measures 
  • Need for specialized legal framework to combat organized crime 

Definitions and Legal Framework 

• Gang Definition 
  • Section 2(b) defines a "gang" as a group of individuals who: 
  • Engage in anti-social activities 
  • Operate individually or collectively 
  • Aim to disturb public order 
  • Seek undue advantage through:  
    • Violence 
    • Threats 
    • Intimidation 
    • Coercion 
• Gangster Definition 
  • Section 2(c) identifies a "gangster" as: 
    • A member of a gang 
    • A leader of a gang 
    • An organizer of a gang 
    • Any person assisting in gang activities 
• Public Servant Definition 
  • Section 2(d) aligns with Section 21 of the Indian Penal Code and includes: 
    • Regular public servants 
    • Individuals assisting police investigations 
    • Persons providing evidence or information about offenses 
    • Officials involved in implementing the Act 

Procedural Aspects and Implementation 

• Gang Chart Preparation 
  • Prepared by police station in-charge/inspector 
  • Must document all criminal activities of the gang 
  • Requires recommendation from additional superintendent of police 
  • Needs approval from district police head 
  • Final authorization from commissioner/district magistrate 
• Base Case Requirements 
  • Investigation of base case must be completed 
  • Charge sheet must be filed before invoking Gangster Act 
  • Certified copies of charge sheet and recovery memo required 
  • Direct participation at crime scene not mandatory 

Monitoring Mechanism 

• Three-tier committee system:  
• State level 
• Divisional level 
• District level 
  • Regular evaluation of proceedings 
  • Periodic review of implementation 

Powers and Provisions Under the Act 

• Investigation Powers 
  • Authority to conduct specialized investigations 
  • Power to detain suspects preventively 
  • Right to gather intelligence on gang activities 
  • Ability to track financial transactions 
• Property Related Powers 
  • Section 14 enables property attachment 
  • Authority to confiscate illegal assets 
  • Power to investigate property acquisition 
  • Ability to freeze suspicious transactions 
• Judicial Provisions 
  • Establishment of Special Courts 
  • Expedited trial procedures 
  • Special evidence rules 
  • Enhanced punishment framework 

Judicial Interpretations and Landmark Cases 

• Shraddha Gupta v. State of Uttar Pradesh (2022) 
  • Single crime sufficient for Act's application 
  • No requirement for multiple offenses 
  • Focus on gang membership over crime frequency 
• Vinod Bihari Lal v. State of UP (2023) 
  • Public order disturbance not essential 
  • Alternative objectives sufficient 
  • Emphasis on anti-social activities 
• Ashok Kumar Dixit v. State of U.P. (1987) 
  • Overt act not necessary 
  • Reasonable connection sufficient 
  • Active complicity adequate 

Safeguards and Due Process Rights 

• Procedural Safeguards 
  • Mandatory documentation requirements 
  • Multi-level approval process 
  • Regular review mechanisms 
  • Appeal provisions 
• Rights of the Accused 
  • Right to legal representation 
  • Access to evidence 
  • Appeal mechanisms 
  • Bail provisions 
• Oversight Mechanisms 
  • Regular committee reviews 
  • Judicial supervision 
  • Administrative oversight 
  • Periodic assessment 

Similar Laws

• Maharashtra Control of Organized Crime Act (MCOCA) 
  • More severe penalties 
  • Broader scope of offenses 
  • Different procedural requirements 
  • Additional investigative powers 
• Karnataka Control of Organised Crime Act 
  • Similar framework 
  • Includes terrorist activities 
  • Special court provisions 
  • Different implementation mechanism 
• Other State Laws 
  • Gujarat COCA 
  • Telangana COCA 
  • Haryana COCA 
  • Varying approaches to organized crime 

Conclusion

The path from campus politics to crime shows how gangs take advantage of weak spots in our institutions and personal relationships. What's more worrying is that today's criminals are getting smarter - using their education and tech skills for illegal activities. This makes it harder for police to catch them and creates bigger problems for society to solve.