Supreme Court Curtails UP Police Over Repeated FIRs To Keep Accused In Jail

In a major legal development, the Supreme Court has issued strong directions to the Uttar Pradesh Police, stating that they cannot repeatedly file fresh FIRs in order to keep an accused in judicial custody.

A bench comprising Chief Justice of India BR Gavai and Justice K Vinod Chandran issued the ruling, clearly stating that authorities must not arrest the petitioners in any subsequent FIRs without first obtaining the apex court’s approval.

During the hearing, the petitioner’s counsel told the court that the Uttar Pradesh Police repeatedly lodged new FIRs almost immediately after the accused secured bail in ongoing cases—allegedly to keep him in jail.

Acknowledging this recurring pattern, the court responded by granting the petitioner bail in the most recent FIR filed against him and imposed judicial oversight on any further arrests.

The case drew attention after the Allahabad High Court granted bail to the accused on 12 August under IPC Sections 376D (gang rape), 323 (voluntarily causing hurt), and 506 (criminal intimidation).

However, on 13 August—just a day later—the police filed a fresh FIR against the same individual, this time under the SC/ST (Prevention of Atrocities) Act and other serious charges under the IPC.

Political Context and Allegations

The accused belongs to a politically active family—his father is a former MLC (Member of Legislative Council) from the Bahujan Samaj Party.

The family alleges that the police are deliberately targeting them at the direction of the current ruling party in the state.

Authorities have reportedly filed 33 criminal cases against them so far.

Additionally, they claim that local land mafias have illegally occupied their properties with alleged police inaction.

This ruling echoes a similar decision made by the Supreme Court in May 2025, where it had ordered officials in Uttar Pradesh to halt the registration of further FIRs against another politically influential individual, citing abuse of power and harassment.

Legal experts view this decision as a vital step in protecting individuals from politically motivated legal harassment and ensuring that law enforcement agencies do not misuse the criminal justice system.

The court’s decision underscores the importance of judicial oversight and reinforces the principle that justice must not be compromised for political gain.

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