Today, On 31st July, The Supreme Court upholds its order halting the release of gangster-turned-politician Arun Gawli. The decision reinforces the Court’s stance on his incarceration. The ruling follows legal efforts to challenge his potential release.
New Delhi: Quoting a famous dialogue from the Hindi blockbuster “Sholay” about the villain Gabbar Singh, the Supreme Court on Wednesday reaffirmed its previous order preventing the premature release of Arun Gawli, a gangster-turned-politician currently serving a life sentence for murder.
A bench consisting of Justices Surya Kant and Dipankar Datta made their June 3 order, which stayed the April 5 decision of the Bombay High Court‘s Nagpur bench, absolute and scheduled the appeals for a hearing on November 20.
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The High Court instructed state authorities to consider Arun Gawli’s application for early release under the 2006 remission policy.
The bench stated,
“We are not inclined to grant any interim relief. The interim stay granted by us is confirmed. Post the appeals for hearing on November 20,”
At the beginning of the proceedings, senior advocate Raja Thakare, representing the Maharashtra government, informed the court that Gawli has over 46 cases against him, including around 10 murder charges.
The Supreme Court inquired whether Gawli committed any offenses in the past five to eight years.
Thakare responded that Gawli has been imprisoned for over 17 years.
The bench then questioned whether Gawli had shown signs of reform.
The court remarked,
“How will society know if he is reformed when he is behind bars? He is 72 years old,”
Challenging the High Court’s order, Thakare argued that under the Maharashtra Control of Organised Crime Act (MCOCA), convicts must serve at least 40 years before being eligible for remission, as per the 2015 policy.
Senior advocate Nitya Ramakrishnan, representing Gawli, countered that other co-accused had been granted bail and the Bombay High Court justified in allowing Gawli’s early release.
She explained,
“The state government has updated its remission policy in 2015, but your lordships have ruled that the policy in effect at the time of conviction applies. Since Gawli was convicted in 2009, the 2006 policy, which permits remission due to age and infirmity, should be applied,”
The bench noted,
“But madam, not everyone is Arun Gawli. In the movie ‘Sholay,’ there’s an iconic dialogue, ‘So ja beta, nahi toh Gabbar aa jayega.’ This could be relevant here.”
Ramakrishnan detailed Gawli’s health issues, noting his heart disease and lung defect.
The Maharashtra government’s counsel attributed these conditions to Gawli’s 40 years of smoking.
Ramakrishnan replied,
“So what? You cannot keep him imprisoned for that. He is not on trial for smoking. The advisory board has certified his infirmity, and thus the 2006 policy should apply. The 2015 policy cannot be retroactively enforced.”
On June 3, the Supreme Court stayed the Nagpur bench of the Bombay High Court’s April 5 order.
The bench agreed to Gawli’s request for his early release based on the January 10, 2006, remission policy, which was in effect when he was convicted on August 31, 2012.
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Gawli, serving a life sentence for the 2007 murder of Mumbai Shiv Sena corporator Kamlakar Jamsandekar, claims to have met all the requirements of the 2006 policy. He argues that his advanced age and medical certification of weakness make him eligible for remission.
Gawli, who rose to prominence from Dagdi Chawl in Byculla, is the founder of the Akhil Bharatiya Sena and served as an MLA from 2004-2009 for Mumbai’s Chinchpokli constituency.
He arrested in 2006 and tried for Jamsandekar’s murder. In August 2012, a Mumbai sessions court sentenced him to life imprisonment and imposed a fine of Rs 17 lakh.