SC to examine Maharashtra govt plea against remission to Arun Gawli

The Supreme Court on Monday said it would like to examine the plea of the Maharashtra government challenging the remission granted to gangsterturnedpolitician Arun Gawli who is serving a life sentence in a murder case reported news agency PTIA bench of Justice Surya Kant and Justice Ujjal Bhuyan told Senior Advocate Raja Thakare appearing for the Maharashtra government He is 7172 years of age now He is not 1980s gangster Arun Gawli when people used to talk about him You have to satisfy us about the possibilities of the scale of crime by him reported PTIThakare said gangster Arun Gawli was an MLA had been awarded life imprisonment and convicted under provisions of the Maharashtra Control of Organised Crime Act MCOCAThe crimes he has committed are not against individuals but against society Law of remission is very clear that the gravity of offence has to be taken into account he submitted reported PTISenior advocate Nitya Ramakrishnan appearing for gangster Arun Gawli said he is entitled to premature release under the 2006 policy of the state which was specifically framed for the benefit of prisoners who were of advanced age and physically weak reported PTIShe submitted that even the medical board has certified that gangster Arun Gawli is infirm due to his advanced ageThe bench said it would like to examine the issue and pointed out that earlier too Gawli was granted parole by the court and it was extended from time to timeYou Ramakrishnan can file an application for parole not bail which we will consider on July 31 along with his appeal against the conviction We are posting the petition of the state government to be heard along with the main appeal on July 31 the bench said reported PTIIt directed the continuation of its June 3 order putting a stay on the premature release of Gawli till further orders The apex court asked the state government to file an affidavit giving details of the criminal antecedents of Gawli reported PTIOn June 3 the top court stayed the operation of the April 5 order of the Nagpur bench of the Bombay High Court which directed the state authorities to consider Gawlis application for premature release under the 2006 remission policyIt had issued notice to Gawli on the plea of the state government in the matterThe Nagpur bench of the high court had allowed Gawlis plea 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 reported PTIGawli who is undergoing life imprisonment for the 2007 murder of Mumbai Shiv Sena corporator Kamlakar Jamsandekar has claimed to have complied with all the conditions of the 2006 policy reported PTIThe rejection of his application for premature release by the state authorities is unjust arbitrary and is liable to be set aside he saidGawli has contended that he is of advanced age and has been certified as weak by the medical board making him eligible for availing the benefit of the remission policyThe state government however opposed his plea before the high court saying revised guidelines dated March 18 2010 contemplates that there shall be no premature release of a convict of organised crime unless he undergoes 40 years of actual imprisonment reported PTIThe high court rejected the state governments submission terming it totally misconceived and said the revised guidelines of 2010 were general in nature reported PTIIt 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 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 of the same kind convicts of the MCOC Act cannot be excluded from availing of the benefits of the said policy Writ Petition is accordingly allowed the high court had ordered reported PTIThe high court gave the Maharashtra government four weeks to pass a consequential order in that regard from the date of uploading the orderHowever on May 9 the state government again moved the high court seeking four months for the implementation of the April 5 order saying they have challenged the verdict in the apex courtIn the May 9 order the high court said It 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 reported PTIHowever as the special leave petition was 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 had said reported PTIIt gave the state government four more weeks for the implementation of the April 5 order setting Gawli free and made it clear that no more extensions would be grantedGawli who shot into prominence from Dagdi Chawl a neighbourhood of Byculla is the founder of the Akhil Bharatiya Sena He was an MLA from 20042009 from the Chinchpokli seat of MumbaiHe was arrested in 2006 and was put on trial for the murder of Shiv Sena corporator Kamlakar Jamsandekar In August 2012 a sessions court in Mumbai sentenced him to life imprisonment in the case and imposed a fine of Rs 17 lakh on himWith inputs from PTI