Amroha District Magistrate Rajesh Kumar Tyagi Transferred for Improper Invocation of Gangsters Act

The Uttar Pradesh government informed the Allahabad High Court about the transfer of Amroha District Magistrate Rajesh Kumar Tyagi. This action was due to his failure to properly apply the Gangsters Act against three individuals. The court also annulled an FIR against Anus, Chahat, and Asif from Amroha.

The case was reviewed by a bench of Justice Vivek Kumar Birla and Justice Arun Kumar Deshwal. They considered petitions filed by the three youths challenging the FIR under Section 3 1 of the UP Gangsters and Anti-Social Activities Prevention Act, 1986. The FIR was registered at Didauli Police Station in Amroha.

Government's Response and Court Observations

The court's order, dated September 24, highlighted procedural lapses. It noted that the Superintendent of Police in Amroha failed to record necessary satisfaction as per Rules 162 of the Rules, 2021. Additionally, it was surprising that the District Magistrate did not document any satisfaction before approving the gang-chart.

The government advocate explained that the District Magistrate signed the gang-chart without fulfilling required procedures. This oversight led to his transfer from Amroha to a secretariat position without any field duties.

New District Magistrate's Stance

Nidhi Gupta, who assumed the role of District Magistrate on September 15, was approached for comments on this issue. However, she chose not to provide any remarks regarding this matter.

The court's decision underscores the importance of adhering to procedural requirements when invoking stringent laws like the Gangsters Act. Such lapses can lead to significant administrative changes and legal repercussions.