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SC stays Bombay HC order on premature release of Arun Gawli
Supreme Court stays Bombay HC ruling on premature release of gangster-turned-politician Arun Gawli, serving life for murder. Stay till further orders.
New Delhi The Supreme Court on Monday stayed till further orders a Bombay high court ruling directing the Maharashtra government to grant premature release to gangster-turned-politician Arun Gulab Gawli, who is serving life imprisonment for the murder of Mumbai Shiv Sena corporator Kamlakar Jamsandekar in 2007.
“Issue notice to the respondent, returnable on 15.07.2024. There shall be interim stay of the impugned order, till the next date of hearing,” directed a vacation bench comprising justices Aravind Kumar and Sandeep Mehta, staying the implementation of the high court’s April 5 decision.
During the proceedings on Monday, senior advocate Raja Thakre, representing Maharashtra, described Gawli as a “hardened criminal” who ventured into politics. Assisted by Siddharth Dharmadhikari and Aaditya A Pande, Thakre emphasised that Gawli has been convicted under the provisions of Maharashtra Control of Organised Crime Act (MCOCA) and was sentenced to life imprisonment in August 2012, along with a fine of ₹18 lakh. The Maharashtra government also underlined that another MCOCA case against Gawli is nearing trial completion.
The top court issued a notice to Gawli, who had successfully approached the Nagpur bench of the high court to benefit from the 2006 premature release policy. This policy allows convicts who have served 14 years of their sentence or reached the age of 65 to apply for remission, except those convicted under specific acts like the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders and Dangerous Persons Act (MPDA); Terrorist and Disruptive Activities (Prevention) Act (TADA); and Narcotic Drugs and Psychotropic Substances Act.
Maharashtra argued in its appeal that the high court misinterpreted the policy by not recognising the specific exclusion of MCOCA convicts in the 2015 remission guidelines. Despite Gawli turning 65 in July 2018, the 2015 policy made him ineligible for premature release due to his MCOCA conviction. “Thus, Gawli cannot avail the benefit of the 2006 policy even on attaining the age of 65 years,” the State contended.
Additionally, the State argued that the high court overstepped its jurisdiction by allowing Gawli’s petition, citing Section 432 of the Code of Criminal Procedure, which gives the power to suspend or remit a sentence solely to the appropriate government.
“The Supreme Court has held that the government possesses sole discretion to either remit or decline to remit the sentence of the convict. No writ can be issued to compel the government to release the prisoner,” Maharashtra submitted.
The high court initially granted the State four weeks to consider Gawli’s early release and later extended it by another four weeks after being informed that Maharashtra had appealed the decision in the Supreme Court.
Gawli, founder of the Akhil Bharatiya Sena and former MLA from 2004-2009 from Chinchpokli seat of Mumbai, argued that he met all conditions of the 2006 policy, claiming that his application for premature release was unjustly rejected. Despite his age and being certified as weak by the Medical Board, the State opposed his plea, highlighting the 2010 guidelines that prevent the premature release of organised crime convicts unless they serve 40 years of actual imprisonment.
The high court, however, dismissed the state’s opposition, terming it “totally misconceived” and emphasising that the 2006 policy specifically catered to aged and physically weak prisoners, thus, superseding the 2010 guidelines.
However, the Supreme Court’s stay on Monday means that Gawli remains in prison until further orders, with the high court’s directive put on hold.
