New Delhi, Jun 18 (UNI) The Supreme Court on Wednesday granted anticipatory bail to Advocate Sandeep Kumar, who was booked under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, for allegedly acting as a deed writer in certain sale transactions.

A bench comprising justices Ujjal Bhuyan and Manmohan was hearing a special leave petition filed by the advocate challenging the August 2, 2024, order of the Allahabad High Court, which had refused to quash an FIR registered under Sections 2 and 3 of the 1986 Act.

Appearing on behalf of the petitioner, advocate-on-record Anurag Ojha submitted that Sandeep Kumar is a practising advocate who merely rendered professional assistance in preparing the sale deeds. He argued that the invocation of the Gangsters Act against a lawyer for such services was mechanical and arbitrary.

It was pointed out that two FIRs form the basis of the gang chart under the Act, but in both cases, the Allahabad High Court has already granted interim relief, a stay in one FIR and protection from coercive action in the other.

Taking note of the submissions, the apex court granted interim protection from arrest.

Without expressing any opinion on the merits, the Bench observed, “Heard learned counsel for the petitioner, who is a lawyer by profession and was instrumental in the execution of two sale deeds.

There can't be any occasion for the petitioner to be booked under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986.”

The Court issued notice in the matter and directed that the petitioner shall not be arrested in the interim, subject to his cooperation with the investigation. The matter has been listed for further hearing in the last week of August.

The petitioner argued on an important legal issue whether mere consultation with or professional assistance from a lawyer in preparing sale deeds can lead to criminal proceedings under stringent laws like the Gangsters Act.

UNI SNG PRS