Justices Surya Kant and Ujjal Bhuyan noted Gawli’s current age of 71-72, remarking that he is not the same figure as in the 1980s.
NEW DELHI: Today (15th July): The Supreme Court expressed interest in examining the Maharashtra government’s challenge against the remission granted to Arun Gawli, a former gangster turned politician serving a life sentence for murder.
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Justices Surya Kant and Ujjal Bhuyan noted Gawli’s current age of 71-72, remarking that he is not the same figure as in the 1980s.
The court requested clarification from Senior Advocate Raja Thakare regarding the severity of Gawli’s crimes. Thakare highlighted Gawli’s life imprisonment under MCOCA, emphasizing that his offenses were societal rather than individual.
In defense, Senior Advocate Nitya Ramakrishnan argued Gawli’s eligibility for early release under a 2006 state policy aimed at elderly and physically frail prisoners, supported by medical board assessments of his infirmity due to age.
The Supreme Court bench indicated its intention to delve into the matter, noting that Arun Gawli had previously been granted parole, with extensions over time.
The bench instructed Senior Advocate Nitya Ramakrishnan to file an application for parole (not bail), which would be considered on July 31 along with Gawli’s appeal against his conviction. The court scheduled the state government’s petition to be heard concurrently with the main appeal on the same day.
Additionally, the apex court maintained its June 3 order that had halted Gawli’s premature release until further notice. It directed the Maharashtra government to submit an affidavit detailing Gawli’s criminal background.
Previously, on June 3, the Supreme Court had stayed the implementation of an April 5 order from the Nagpur bench of the Bombay High Court, which instructed state authorities to evaluate Gawli’s application for early release under the 2006 remission policy. The court had issued a notice to Gawli regarding the state government’s plea on this matter.
Background
Arun Gawli, serving a life sentence for the 2007 murder of Mumbai Shiv Sena corporator Kamlakar Jamsandekar, asserts that he has met all conditions stipulated in the 2006 remission policy. He argues that the state’s rejection of his application for early release is unjust and arbitrary, and should be set aside. Gawli contends that due to his advanced age and certified physical weakness, he qualifies for benefits under the remission policy.
In response, the state government opposed his plea in the high court, citing revised guidelines from March 18, 2010, which stipulate that convicts of organized crime must undergo 40 years of actual imprisonment before being considered for premature release. The high court dismissed the state’s argument as “totally misconceived,” emphasizing that the 2010 guidelines were of a general nature.
The Bombay High Court had ruled that the 2006 remission policy, intended for elderly and physically weak prisoners, applied to Arun Gawli, notwithstanding the 2010 guidelines.
The court emphasized that Gawli, convicted under the MCOC Act, should not be excluded from benefiting under this policy, applying the principle of ejusdem generis. It ordered the Maharashtra government to take appropriate action within four weeks from the order’s upload.
However, on May 9, the state government requested a four-month extension from the high court to implement the April 5 order, citing their appeal in the Supreme Court. The high court noted the impending start of the Supreme Court’s summer vacation and highlighted that delaying Gawli’s release by a few months would restrict his liberty.
The Bombay High Court had acknowledged the filing of the state government’s special leave petition in the Supreme Court and granted an extension to obtain necessary orders. They allowed an additional four weeks for the implementation of the April 5 order directing Gawli’s release, emphasizing that no further extensions would be entertained.
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Arun Gawli gained prominence from Dagdi Chawl in Byculla and founded the Akhil Bharatiya Sena. He served as an MLA from the Chinchpokli constituency in Mumbai from 2004 to 2009. In 2006, he was arrested and subsequently tried for the murder of Shiv Sena corporator Kamlakar Jamsandekar. In August 2012, a Mumbai sessions court sentenced him to life imprisonment and imposed a fine of Rs 17 lakh.
