New Delhi: The Supreme Court on Monday stayed the premature release of gangster-turned-politician Arun Gawli, who is serving life imprisonment in a murder case, till further orders.
A vacation bench of Justices Arvind Kumar and Sandeep Mehta stayed the implementation of the April 5 order of the Nagpur bench of the Bombay High Court, directing the state authorities to consider Gawli's application for premature release under the 2006 immunity policy. Was ordered to do.
The bench also issued notice to Gawli on the state government's petition in the matter.
Senior lawyer Raja Thackeray, appearing for the Maharashtra government, urged the court to stay the high court's April 5 order that Gawli, who is serving life imprisonment in a murder case and under the provisions of MCOCA, Has been convicted under, is seeking benefit of 2006. State exemption policy.
The Nagpur bench of the high court had accepted Gawli's plea seeking direction to the state government for his premature release on the basis of the remission policy dated January 10, 2006, which was applicable on the date of his sentencing in August. Was. 31, 2012.
Gawli, who is serving life imprisonment in the 2007 murder case of Mumbai Shiv Sena councilor Kamlakar Jamsandekar, has claimed to have followed all the terms of the 2006 policy.He said the rejection of his application for premature release by the state authorities is unjust, arbitrary and should be quashed.
Gawli has argued that he has completed 65 years of age and has been certified by the medical board as frail, making him eligible to avail the benefits of the policy.
However, the state government has opposed his plea before the High Court for premature release and said that the revised guidelines dated March 18, 2010 for premature release contemplate that premature release of a convict of organized crime Will happen until he serves 40 years of sentence. Actual imprisonment.
The high court rejected the state government's argument as "completely fallacious" and said the 2010 revised guidelines were general in nature.
It said the 2006 policy was specifically designed to benefit prisoners who were older and physically weaker, and the 2010 guidelines would not apply at all."In view of the above discussion, we hold that the petitioner is entitled to the benefits of the remission policy dated January 10, 2006, which was in vogue on the date of his conviction. We also hold that by applying the rule of ejusdem generis the High Court had ordered, convicts under the MCOC Act cannot be excluded from availing the benefits of the said policy.
It has given four weeks time to the state government authorities to pass consequential orders in that regard from the date of uploading of the order.
However, on May 9, the state government again moved the high court seeking four months' time to implement the April 5 order and said it has challenged the decision in the apex court.
“It is informed that a special leave petition has been filed before the Supreme Court.The summer vacation of the Supreme Court will begin from May 20, 2024. Based on our order the petitioner needs to be freed and if his release is postponed for a few months, it will curtail his liberty, however, as the special leave petition was filed/registered only yesterday, we appeal to the Supreme Court We consider it appropriate to give some time to the state to obtain necessary orders from the Supreme Court,” the court had said in its order dated May 9.
It gave the state government four more weeks to implement its April 5 order to free Gawli and made it clear that no further extension would be given.
Gawli is the founder of the All India Army and was the MLA from Mumbai's Chinchpokli seat from 2004-2009 and rose to fame from the Dagdi Chawl neighborhood of Byculla.
He was arrested and tried for the murder of Jamsandekar in 2006 and in August 2012, a Mumbai sessions court sentenced him to life imprisonment in the murder case.The court had also imposed a fine of Rs 20 thousand. Rs 17 lakh on that.
A vacation bench of Justices Arvind Kumar and Sandeep Mehta stayed the implementation of the April 5 order of the Nagpur bench of the Bombay High Court, directing the state authorities to consider Gawli's application for premature release under the 2006 immunity policy. Was ordered to do.
The bench also issued notice to Gawli on the state government's petition in the matter.
Senior lawyer Raja Thackeray, appearing for the Maharashtra government, urged the court to stay the high court's April 5 order that Gawli, who is serving life imprisonment in a murder case and under the provisions of MCOCA, Has been convicted under, is seeking benefit of 2006. State exemption policy.
The Nagpur bench of the high court had accepted Gawli's plea seeking direction to the state government for his premature release on the basis of the remission policy dated January 10, 2006, which was applicable on the date of his sentencing in August. Was. 31, 2012.
Gawli, who is serving life imprisonment in the 2007 murder case of Mumbai Shiv Sena councilor Kamlakar Jamsandekar, has claimed to have followed all the terms of the 2006 policy.He said the rejection of his application for premature release by the state authorities is unjust, arbitrary and should be quashed.
Gawli has argued that he has completed 65 years of age and has been certified by the medical board as frail, making him eligible to avail the benefits of the policy.
However, the state government has opposed his plea before the High Court for premature release and said that the revised guidelines dated March 18, 2010 for premature release contemplate that premature release of a convict of organized crime Will happen until he serves 40 years of sentence. Actual imprisonment.
The high court rejected the state government's argument as "completely fallacious" and said the 2010 revised guidelines were general in nature.
It said the 2006 policy was specifically designed to benefit prisoners who were older and physically weaker, and the 2010 guidelines would not apply at all."In view of the above discussion, we hold that the petitioner is entitled to the benefits of the remission policy dated January 10, 2006, which was in vogue on the date of his conviction. We also hold that by applying the rule of ejusdem generis the High Court had ordered, convicts under the MCOC Act cannot be excluded from availing the benefits of the said policy.
It has given four weeks time to the state government authorities to pass consequential orders in that regard from the date of uploading of the order.
However, on May 9, the state government again moved the high court seeking four months' time to implement the April 5 order and said it has challenged the decision in the apex court.
“It is informed that a special leave petition has been filed before the Supreme Court.The summer vacation of the Supreme Court will begin from May 20, 2024. Based on our order the petitioner needs to be freed and if his release is postponed for a few months, it will curtail his liberty, however, as the special leave petition was filed/registered only yesterday, we appeal to the Supreme Court We consider it appropriate to give some time to the state to obtain necessary orders from the Supreme Court,” the court had said in its order dated May 9.
It gave the state government four more weeks to implement its April 5 order to free Gawli and made it clear that no further extension would be given.
Gawli is the founder of the All India Army and was the MLA from Mumbai's Chinchpokli seat from 2004-2009 and rose to fame from the Dagdi Chawl neighborhood of Byculla.
He was arrested and tried for the murder of Jamsandekar in 2006 and in August 2012, a Mumbai sessions court sentenced him to life imprisonment in the murder case.The court had also imposed a fine of Rs 20 thousand. Rs 17 lakh on that.
