Allahabad, Oct 09: Justice Sandeep Jain in Allahabad High Court has said that UP Goondas Act is being used as a tool of oppression by Uttar Pradesh bureaucrats and the state despite the court’s consistent rulings on the issue and warned the bureaucracy of punitive damages if it does not stop issuing illegal and arbitrary orders.
The court awarded ₹50,000 as damages to petitioner Abhishek Tyagi against whom proceedings under Goonda Act were initiated.
Court said the state government was at liberty to recover the damages from the salaries of the bureaucrats concerned.
The court in its order allowed the petition of Tyagi, who had challenged proceedings initiated against him under the Uttar Pradesh Control of Goondas Act, 1970.
The court quashed the orders passed by the Additional Commissioner of Police, Ghaziabad and the Commissioner, Meerut Division.
Proceedings against Tyagi under Goonda Act were initiated on the basis of two criminal cases. The ACP, Ghaziabad by an order dated September 18, 2025 directed Tyagi to reside at his permanent address and mark his attendance at the police station concerned on every second and fourth Saturday for six months.
His appeal against the order was subsequently dismissed by the Commissioner, Meerut Division on December 10, 2025.
The court said that despite its consistent stand that a person cannot be branded a ’goonda’ merely on the basis of one or two cases, the bureaucracy had ”deliberately not noticed this” and was continuing to pass contrary orders.
Court added that moreover, there is a gap of 3 years in the occurrence of the two criminal cases which shows that he is not a habitual offender.
It then observed that it is apparent that the Act of 1970 is being used as a tool of oppression by the bureaucracy and the State which is contrary to the objects of the Act of 1970.
The court further said time has now come for a strong message to be sent to the bureaucracy to stop such conduct or face punitive damages.
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