In Uttar Pradesh, there is a proactive shift underway to redistribute wealth illegally amassed from crime to its victims. The Director General of Police (DGP) has issued a comprehensive Standard Operating Procedure (SOP) to all Senior Superintendents of Police (SSP), Superintendents of Police (SP), and Police Commissioners across the districts. As a part of this directive, the state police will now take possession of the assets and revenues accumulated by mafia and criminal entities.
The courts have ordered the seizure of these properties. The income derived from this asset forfeiture will be directed to those victimized by criminal activities. Based on the judicial mandate, within a span of two months, the District Magistrates (DMs) will auction the properties collected through crime and distribute the resultant funds among those affected by the criminal activities.
Historically, the UP government was confiscating properties under the Gangster Act, utilizing these for public housing. Now, under Section 107 of the UP BNSS Act, the police can proceed to seize properties without the necessity of litigating under the Gangster Act or the Prevention of Money Laundering Act (PMLA).
As outlined in Section 107 of the BNSS Act, law enforcement can directly submit an application to the court to attach and seize assets of any criminal. Prior to the confiscation proceedings, the police must present detailed information to the court regarding the property owner or criminal, including bank accounts, income, tax returns, and the complete acquisition history of the property.
Property Owners Have 14 Days to Respond
Following the court’s review, the income from the seized properties will be directed for distribution among those impacted by the crime. The respective district’s DM is tasked with disbursing this income within 60 days. Property owners or criminals, on the other hand, must respond to the court application within 14 days. Failure to respond within this timeframe will result in a unilateral order from the court.
Presently, DGP Prashant Kumar has distributed an SOP instructing all district officials to auction properties confiscated from criminal enterprises and allocate the proceeds to the victims.
Notably, prior instances in Prayagraj saw mafia boss Atiq Ahmed’s unlawfully seized land repurposed to construct flats for impoverished families under the Prime Minister’s Housing Scheme. Similarly, in Lucknow, Mukhtar Ansari’s confiscated lands are earmarked for flat construction. This decisive move extends beyond major mafias, targeting their allies and smaller-time offenders, ensuring that the revenue from asset seizures aids those suffering from criminalities.
