The Supreme Court on Tuesday sought response from the Uttar Pradesh government on a plea by Congress leader Ajay Rai seeking the quashing of the criminal proceedings against him under the Uttar Pradesh Gangster and Anti-Social Activities (Prevention) Act, 1986.

Rai has challenged the Allahabad High Court’s order refusing to quash criminal proceedings against him at Varanasi court under the provisions of Indian Penal Code and the Gangsters Act case registered in 2010.

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Issuing notice to Uttar Pradesh government and also to one Bhanu Pratap Singh on whose complaint FIR was registered against Ajay Rai, a vacation bench of Justice Abhay S. Oka and Justice Rajesh Bindal refused to stay the proceedings against the Congress leader before the trial court.

Ajay Rai had contested against Prime Minister Narendra Modi from Varanasi seat in the just concluded Lok Sabha election. Rai is Uttar Pradesh Congress Committee (UPCC) president.

The vacation bench posted the matter for hearing on July 15, 2024.

On May 19, the High Court had dismissed Rai’s plea seeking the quashing of the case against him under the Gangster Act. Earlier, the High Court had refused to accept the compromise entered between the accused persons and the complainant on September 28, 2023.

The High Court had said that the offence punishable under the Gangsters Act is an independent offence and it was not imposed at the instance of the complainant but it has been imposed by the State government to achieve the aim and object of the said Act.

The High Court had said that there is no statutory basis to quash the proceedings under section 7 of the Criminal Law (Amendment) Act and section 3(1) UP Gangsters Act even after compromise between the complainant and accused for the offence under IPC.

The FIR against Rai was registered on March 26, 2010, by Bhanu Pratap Singh at Chetganj police station at Varanasi. Besides Rai, another five persons were named in the FIR.