He Supreme Court A plea by the Maharashtra government challenging a Bombay High Court order that paved the way for the premature release of gangster-turned-politician Arun Gawli, who is serving a life sentence in a murder case, is scheduled to be heard on Monday.
A vacation bench of Justices Aravind Kumar and Sandeep Mehta will hear the state government’s plea opposing the premature release of Gawli, who was also convicted under the provisions of the Maharashtra Control of Organized Crime Act ( MCOCA).
On April 5, the Nagpur bench of the Bombay High Court had accepted Gawli’s plea seeking directions to the state government for his premature release on account of the January 10, 2006 remission policy, which was prevalent in the date of his conviction August 31, 2012.
Gawli, who is serving a life sentence in the 2007 murder case of Mumbai Shiv Sena corporator Kamlakar Jamsandekar, has claimed to have complied with all the conditions of the 2006 policy.
He said the rejection of his request for early release by state authorities is unfair, arbitrary and risks being dismissed.
Gawli has maintained that he has attained the age of 65 and has been certified frail by the Medical Board, making him eligible to avail the benefit of the policy.
The state government, however, has opposed his petition in the high court for premature release, saying that the March 18, 2010 revised guidelines for premature release contemplate that there will be no premature release of an organized crime convict unless to undergo 40 years in prison. royal prison.
The high court rejected the state government’s submission, terming it “totally erroneous” and said the revised 2010 guidelines were general in nature.
He had said that the 2006 policy was specifically designed to benefit elderly and physically weak prisoners, and that the 2010 guidelines would not apply at all.
“In view of the above discussion, we hold that the petitioner is entitled to the benefits arising from the remission policy dated January 10, 2006, which was in effect on the date of his conviction. We also hold that in applying the rule of ejusdem generis, convicts under the MCOC Act cannot be excluded from availing the benefits of the said policy and, accordingly, the writ petition is allowed,” the high court ordered.
It has given the state government authorities four weeks to pass a consequential order in this regard from the date of uploading of the order.
However, on May 9, the state government again sought a four-month deadline from the high court for implementation of the April 5 order, saying they had challenged the verdict in the high court.
“It is reported that a Special Leave Petition has been filed before the Supreme Court. The summer vacation of the Supreme Court would begin from May 20, 2024. Under our order the petitioner is required to be released and “if his release is postponed for a few months, it would restrict his freedom. However, since the Special Leave Petition was filed/registered yesterday, we consider it appropriate to grant respite time to the State to obtain necessary orders from the Supreme Court,” he said. Supreme Court he said in his May 9 order.
He gave the state government four more weeks to implement the April 5 order releasing Gawli and made it clear that no further extensions would be granted.
Gawli is the founder of Akhil Bharatiya Sena and was an MLA from 2004 to 2009 from the Chinchpokli seat in Mumbai and rose to prominence from Dagdi Chawl, a ward in Byculla.
He was arrested and put on trial in 2006 for Jamsandekar’s murder and in August 2012, a Mumbai court sentenced him to life imprisonment in the murder case.
The court also imposed a fine of Rs. 17 lakh on him.
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