Early release for Arun Gawli

Gangster’s lawyer successfully argues his petition challenging denial of premature release under a 2006 govt notification

In a recent ruling, the Bombay High Court has ordered the early release of underworld figure Arun Gulab Gawli, affirming his eligibility for a 2006 policy despite subsequent notifications. Advocate Mir Nagman Ali, representing Gawli, successfully countered the state’s arguments. 

The state has been directed to finalise Gawli’s release within four weeks. A division bench led by Justice Vinay Joshi and Justice Vrushali Joshi granted Gawli’s criminal petition challenging the denial of his premature release. 

Former don-turned-politician Arun Gawli. File pic/Atul Kamble

A division bench led by Justice Vinay Joshi and Justice Vrushali Joshi granted Gawli’s criminal petition challenging the denial of his premature release under a government notification dated January 10, 2006. However, Gawli’s family members maintain that they are adhering to court procedures and have filed an appeal citing his health condition. “We believe that the court will take the right decision and release him,” they said.

The application by Gawli was rejected by the respondents on the grounds that the state government had come up with a fresh notification dated December 1, 2015, whereby a convict under the Maharashtra Control of Organised Crime Act (MCOCA) is entitled to benefit from the said policy decision.

Advocate Mir Nagman Ali Nagman Ali, appearing for Gawli, argued that he would be entitled to benefit from the 2006 notification because he was convicted in 2009, and therefore, a subsequent notification which had come into force in 2015 would not apply to Gawli. 

The state had registered the petition filed by Gawli on the grounds that the 2015 notification specifically excludes the convict under the MCOCA from the benefit of the said policy. “It was argued that the 2006 notification explicitly states that individuals convicted under Acts such as the NDPS Act, TADA Act, MPDA, etc., are ineligible for benefits under the policy. Furthermore, it was asserted that the inclusion of ‘et cetera’ implies that even convictions under the MCOCA act would not qualify for benefits under the 2006 policy, applying the principle of ejusdem generis,” said sources.

After hearing Advocate Mir Nagman Ali and Advocate M J Khan, who represented the state of Maharashtra, the division bench yesterday, pronounced the judgment, holding that Gawli would be entitled to the benefit of the 2006 policy and he cannot be excluded from the benefit by resorting to rule of ejusdem generis. The state has been directed to decide on his release within four weeks from the date of order,” said Advocate Ali. 

Four
No. of weeks state has to finalise Gawli’s release

Ejusdem Generis

Ejusdem generis is a legal principle that states that when a list of specific items is followed by general words, the general words are interpreted to include only items of the same type as those specifically listed. In other words, the principle states that when a statute uses specific words, followed by general words, the general words will be given a restricted meaning, limited to the same class or genus as the specific words. This principle is often applied in statutory construction and legal interpretation.

Source: www.legalserviceindia.com

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