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India - July 31, 2024

Supreme Court Stays Early Release of Gangster-Politician Arun Gawli

The Supreme Court has agreed to hear Maharashtra’s appeal against the early release of gangster-turned-politician Arun Gawli, who was jailed for life in 2012 for the murder of a Shiv Sena leader. The Bombay High Court had previously said life convicts like Gawli could be considered for early release under the 2006 remission policy.

On Wednesday, the Supreme Court referenced the iconic villain Gabbar Singh from the Hindi film “Sholay” while upholding its previous decision to stay the early release of gangster-turned-politician Arun Gawli, who is serving a life sentence for murder.

A bench of Justices Surya Kant and Dipankar Datta confirmed their June 3 order, which stayed the Bombay High Court’s directive to consider Gawli’s release under the 2006 remission policy. The appeals will now be heard on November 20.

The high court had instructed state authorities to consider Gawli’s application for early release based on the 2006 remission policy. However, the Supreme Court decided against any interim relief, maintaining the stay on the high court’s order.

Senior advocate Raja Thakare, representing Maharashtra, highlighted Gawli’s extensive criminal record, including over 46 cases with around 10 murders. When asked if Gawli had reformed during his 17 years in prison, Thakare emphasized the state’s policy under the Maharashtra Control of Organised Crime Act (MCOCA), which mandates at least 40 years of imprisonment for remission, as per the 2015 policy.

Senior advocate Nitya Ramakrishnan, representing Gawli, argued that the 2006 remission policy should apply since it was in effect when Gawli was convicted in 2012. She noted that other co-accused had been granted bail and that Gawli’s health conditions, including heart disease and a lung defect, make him eligible for early release under the 2006 policy.

The bench remarked that not everyone is like Arun Gawli, referencing the famous “Sholay” dialogue, “So ja beta, nahi toh Gabbar aa jayega.” Despite Gawli’s health issues, the state’s counsel argued that these were due to long-term smoking.

On June 3, the Supreme Court had stayed the high court’s order to release Gawli early. Gawli, serving life imprisonment for the 2007 murder of Shiv Sena corporator Kamlakar Jamsandekar, claims to meet all the conditions of the 2006 remission policy, citing his age and medical certification of weakness. He was convicted in 2012 and sentenced to life imprisonment with a fine of Rs 17 lakh.

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