Gangster Arun Gawli's release: SC to hear Maharashtra govt's plea on June 3

The Supreme Court is scheduled to hear on June 3 a plea of the Maharashtra government challenging a Bombay High Court order which paved the way for premature release of gangsterturnedpolitician Arun Gawli the PTI reported on SundayArun Gawli is serving life imprisonment in a Maharashtra Jail in murder caseAccording to the PTI a vacation bench of Justices Aravind Kumar and Sandeep Mehta will hear the plea of the state government in which they had opposed the premature release of Gawli who was also convicted under the provisions of the Maharashtra Control of Organised Crime Act MCOCAMeanwhile on April 5 the Nagpur bench of the Bombay High Court had allowed the plea of Arun Gawli in which he had sought direction to the state government for his premature release on account of the remission policy dated January 10 2006 which was prevailing on the date of his conviction on August 31 2012 as per the PTIArun Gawli who is undergoing life imprisonment for the 2007 murder case of Mumbai Shiv Sena corporator Kamlakar Jamsandekar has claimed to have complied with all the conditions of the 2006 policyHe said the rejection of his application for premature release by the state authorities is unjust arbitrary and is liable to be set asideArun Gawli has contended that he has completed 65 years of age and has been certified as weak by the Medical Board making him eligible for availing the benefit of the policyThe Maharashtra government however has opposed his plea before the high court for premature release saying revised guidelines dated March 18 2010 for premature release contemplates that there shall be no premature release of a convict of organized crime unless he undergoes 40 years of actual imprisonment the PTI reported on SundayThe high court rejected the submission of the state government terming it as totally misconceived and said the revised guidelines of 2010 were general in nature the news agency reportedIt had said the 2006 policy was specifically framed for the benefit of prisoners who were of advanced age and physically weak and the 2010 guidelines would not apply at allIn view of the above discussion we hold that the petitioner is entitled to the benefits flowing from the remission policy dated January 10 2006 which was prevailing on the date of his conviction We also hold that by applying the rule of ejusdem generis convicts of MCOC Act cannot be excluded from availing the benefits of the said policy Writ Petition is accordingly allowed the high court had ordered as per the PTIIt has given state government authorities four weeks to pass a consequential order in that regard from the date of uploading of the orderHowever on May 9 the state government again moved the high court seeking four months time for implementation of the April 5 order saying they have challenged the verdict in the apex courtIt is informed that a Special Leave Petition has been filed before the Supreme Court The summer vacation of the Supreme Court would commence from May 20 2024 By virtue of our order the petitioner is required to be set free and if his release is postponed by a few months it would curtail his liberty However as the Special Leave Petition is filedregistered yesterday only we deem it appropriate to grant some breathing time to the State to obtain necessary orders from the Supreme Court the high court said in its May 9 orderIt gave the state government four more weeks for implementation of the April 5 order setting Arun Gawli free and made it clear that no more extensions would be grantedArun Gawli is the founder of the Akhil Bharatiya Sena and was an MLA from 20042009 from Chinchpokli seat of Mumbai and has shot into prominence from Dagdi Chawl a neighbourhood of BycullaHe was arrested and underwent a trial in 2006 for the murder of Jamsandekar and in August 2012 a sessions court in Mumbai had sentenced him to life imprisonment in the murder case The court had also imposed a fine of Rs 17 lakh on himwith PTI inputs