NEW DELHI The Supreme Court has ruled that Section 12 of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 does not mandate a complete freeze or stay on ongoing criminal trials against an accused. The Court held that the provision gives statutory precedence to special court proceedings only to resolve scheduling conflicts (clash of dates), rather than allowing pending gangster charges to stall near-concluded trials for serious offences like murder.
A Bench comprising Justices K. V. Viswanathan and Arun Palli set aside an Allahabad High Court order that had directed a Lalitpur Sessions Court to keep a brutal 2023 murder trial (State of U.P. v. Pancham Singh & Ors.) in abeyance simply because a subsequent FIR under the UP Gangsters Act had been registered against the same accused.
“Priority, Not a Blanket Freeze”
Delivering the judgment, Justice Viswanathan observed that interpreting Section 12 as a tool to halt all other prosecutions would make a “mockery of the judicial process” and weaponize the law to delay justice.
“Harmoniously reading Section 12 of the Gangsters Act with Section 346 of the BNSS [Section 309 CrPC], the conclusion is irresistible that all that Section 12 contemplates is that, in the event of a clash of dates, the proceedings under the Gangsters Act would be given preference,” the Bench noted.
Victim’s Right to a Speedy Trial
Reiterating constitutional principles, the apex court emphasized that the right to a speedy trial under Article 21 is not an exclusive privilege reserved for the accused it is equally a vital right of the victim and society. Allowing murder trials to be delayed indefinitely until separate Gangster Act trials conclude leads to fading witness memories, destruction of evidence, and grave prejudice to victims.
Case Background
The appeal arose from an FIR lodged by one Keshvendra Singh over the fatal beating of his brother, Raghvendra Singh, in Lalitpur. The trial was at its final stage with prosecution evidence closed and Section 313 statements scheduled when the accused invoked Section 12 to seek a stay until the newer Gangsters Act case was tried. While the Trial Court rejected the plea, the High Court stayed the murder trial.
Following an interim stay by the Supreme Court earlier this year, the trial court has already concluded the murder trial and convicted the accused under Section 302 IPC.
Case Title: Keshvendra Singh v. Shankar Singh & Anr. Citation: 2026 INSC 866 Bench: Justice K.V. Viswanathan and Justice Arun Palli
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