The Supreme Court on June 4 stayed a Bombay High Court judgment directing the State of Maharashtra to grant gangster-turned-politician Arun Gulab Gawli, who is serving life imprisonment in a murder case, the benefit of a premature release policy.
A Vacation Bench of Justices Aravind Kumar and Sandeep Mehta froze the implementation of the High Court decision of April 5 while Maharashtra, represented by senior advocate Raja Thakre and Aaditya A. Pande, described Gawli as a “hardened criminal” who took to politics.
The interim stay is valid till the next date of hearing on July 15, 2024
A Maharashtra court had convicted Gawli under the Maharashtra Control of Organised Crime Act (MCOCA) for the murder of Mumbai Shiv Sena corporator Kamlakar Jamsandekar in 2007.
He was sentenced to life imprisonment in August 2012 and ordered to pay a total fine of ₹18 lakh. The State said Gawli has another case of MCOCA pending against him. The trial is at its fag end in the case, Maharashtra noted.
The Supreme Court issued notice to Gawli, who had successfully approached the Nagpur Bench of the High Court to get the benefit of the 2006 premature release policy. The policy allowed convicts who have served 14 years of actual sentence or reached the age of 65 to apply for remission.
However, the policy barred inmates convicted under 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 from applying for premature release.
“The High Court misinterpreted the policy. It focused on the absence of inclusion of MCOCA and erroneously allowed his (Gawli) petition,” Maharashtra argued in its petition in the apex court.
The State said the High Court did not pay heed to the fact that new remission guidelines issued in 2015 had specifically embargoed MCOCA convicts from premature release.
So, even if Gawli became 65-years-old in July 2018, the new policy of 2015 made him ineligible from seeking premature release as he had been convicted under MCOCA. “Thus, Gawli cannot avail the benefit of the 2006 policy even on attaining the age of 65 years,” the State argued.
Further, Maharashtra contended the High Court stepped outside its jurisdiction in allowing Gawli’s petition as Section 432 of the Code of Criminal Procedure Code explicitly provided the power to suspend or remit a sentence 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,” the State submitted.
The State said the High Court, again, had failed to take notice that the provisions of MCOCA and TADA were analogous. The doctrine of ejusdem generis (of the same kind) applied to both statutes.
On June 3, the Supreme Court’s Vacation Bench stayed the High Court order until further orders.
The High Court had initially given the State four weeks to consider Gawli’s early release. However, a further four weeks was given on May 9 after the State informed the High Court that it had appealed the April 5 judgment in the Supreme Court.
Gawli is the founder of the Akhil Bharatiya Sena. He served as an MLA between 2004 and 2009 after being elected from the Chinchpokli seat in Mumbai. Eom
Published - June 03, 2024 03:33 pm IST
